THE temporary emergency protection order against Gabriel Aubry has been lifted.
The Canadian model was banned from seeing his four-year-old daughter Nahla following a brawl on Thanksgiving (22.11.12) with Nahla's mother Halle Berry's boyfriend Olivier Martinez but a judge ruled on Tuesday (27.11.12) to remove the court order.
According to RadarOnline: "[Gabriel] will be allowed to resume visitation with Nahla, with unspecified precautions in place to protect her safety."
The ruling comes after it was revealed Gabriel is seeking a restraining order against Olivier, preventing him from having any contact with Nahla.
A source said: "Gabe will ask the judge to prohibit Martinez from having any contact with Nahla.
"Gabe believes that the judge will be disturbed by the fact that Olivier suddenly inserted himself into the custody hand off on Thursday. Halle's nanny/housekeeper is supposed to be the go-between for the parents when Gabe picks up and drops off Nahla."
While the model was originally arrested for battery after it was claimed he started the vicious fight, new court documents revealing the extent of Gabriel's injuries allege Olivier attacked him.
He has asked police to secure security footage from Halle's house which he believes will exonerate him before it can be destroyed.
The court documents also claim Nahla said she was "scared" of the French actor.
They state: "I remember thinking that is was odd for [Olivier] to be there, as he is generally not present during custody transition. Nahla was in the backseat on the passenger side, and suddenly exclaimed, 'Olivier is here. I'm scared.' I recall thinking it was strange for Nahla to have said that and was concerned by it.
"I saw Miriam (nanny/houskeeper) then come outside towards my car, at which point Nahla became visibly upset and anxious, but I did not know why. I tried to reassure and calm Nahla and told her it was ok."