Halle Berry: Gabriel Aubry Wants Full Custody Of Daughter Nahla, Will Not Press Charges On Oliver Martinez

Halle Berry's ex-boyfriend say she won't file charges against Oliver Martinez only if he gets full custody of his their daughter Nahla,4 after a fist fight with Martinez on Thanksgiving.

According to FOX 411, a source says, "Gabriel doesn't want criminal charges filed against Oliver (Martinez) over the recent assault incident, but he doesn't want his daughter around him, which is going to be a challenge. The source added, "but he does want full custody."

Earlier this year, Berry request to move with her daughter to France was denied by a judge. After the altercation, Berry may be permitted to take her daughter away to France after all. The fight between the two men was apparently caused when Martinez approached Aubry to put their issues to the side. Thats when Aubry allegedly swung on Martinez and the brawl carried on. Aubry claims that he suffered a fractured rib and several contusions. Shortly after the fight Berry was granted an emergency protective order against Aubry, who had to remain 100 yards away form them.

Both Aubry and Berry must go through family court-appointed psychiatric testing. Wendy Feldman, a California-based legal expert says, "This can be very intense, and the results can be very influential in determining custody and visitation rights. And the court always appoints the psychologist as they want the process to be neutral." 

According to FoxNew's source things may not be settled anytime soon, "This whole battle is only going to get weirder and weirder," added the source. "You don't have your own people in family court, you don't have control, and family court in the U.S. is the most intense of all."