By Jen Heger - Radar Legal Editor
Score one for Gabriel Aubry, Halle Berry's ex-boyfriend and father of her three year old daughter Nahla!
Social workers recommended that no changes be made in the current custody agreement between the sparring parents, and the judge appears likely to concur and not grant Berry's request for a restraining order and/or monitored visitation, RadarOnline.com is exclusively reporting.
As RadarOnline.com previously reported the former couple squared off in a Los Angeles courtroom on Monday over allegations that Aubry pushed the nanny while holding the toddler. The hunky Canadian model has emphatically denied the allegations, but is under criminal investigation for battery and child endangerment.
The Los Angeles Department of Children & Family Services became involved after the nanny filed a police report, which is routine in any situation when allegation of child abuse are made.
"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 tells RadarOnline.com. “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."
The fracas began two weeks ago when the nanny showed up to pick Nahla up at school, and she was not there because Gabriel had kept her home sick for two days.
"The nanny went to pick Nahla up at school and she wasn't there, so she went to Gabriel's home," a source told RadarOnline.com. "Gabriel and the nanny got into an argument because no one alerted her that Nahla didn't go to school."
The source told RadarOnline.com that Aubry allegedly verbally abused the nanny, before things took a turn for the physical.
"She picked up Nahla to leave and Gabriel yelled at her and shoved her out the door so hard that she hit the wall -- while she had Nahla in her arms!" the source alleged. Aubry vehemently denied the charges and voluntarily sat down for a formal interview the the LAPD.
While it appears that Aubry will be triumphant in the custody dispute, he and the Academy Award winning actress are going to have to learn together the best way to raise their daughter.
"The report does recommend that Halle and Gabriel attend parenting classes together, so that they can co-parent Nahla. The classes will give them the tools to work through their issues, and hopefully become better parents for it," an insider said.
Meanwhile, “Gabriel Aubry is unlikely to be charged with any crime in relation to the police report the nanny filed," a law enforcement source revealed.