Gabriel Aubry & Nahla: Sleepy School Pickup

Pre-school can really wear a kid out. Gabriel Aubry had his hands full with tired daughter Nahla when he picked her up from school in West Hollywood, Calif. on Friday (February 3). The three-year-old looked like she was ready for a nap as she was carried to the car by her dad.

Gabriel, the ex-boyfriend of Halle Berry, has some reason to celebrate – a judge ruled in his favor yesterday in the ongoing custody battle between the sparring couple.

Sources say social workers recommended that no changes be made in the current custody agreement between Berry and Aubry, and the judge is likely to refuse granting Berry's request for a restraining order and/or monitored visitation.

"Social workers recommended that absolutely no changes be made in the current custody agreement, which the judge gives tremendous weight and consideration to,” a source close to the situation said. “Halle and Gabriel essentially have joint custody of Nahla. DCFS found absolutely no basis to the claims that Gabriel physically assaulted the nanny, or has ever physically abused Nahla.

“There was nothing found to substantiate the nanny's claims, and social workers felt that a restraining order that Halle was seeking wasn't necessary, and would actually harm Nahla by keeping her from her father."