Judge rejects nanny's request for restraining order against Gabriel Aubry
Nanny's sworn statement details allegations of violence
The evidence is "insufficient and speculative," judge rules
Halle Berry's court appearance is brief and private
Halle Berry went to court Tuesday as her young daughter’s nanny asked a judge for a restraining order against the 3-year-old’s father, saying she feared Gabriel Aubry’s “dangerous and aggressive behavior.”
Alliance Kambem, who has been Nahla’s nanny since June, accused Aubry of violently pushing her while she held Nahla in an incident last Wednesday, according to her sworn statement released by the court.
A Los Angeles County judge rejected Kambem’s request, calling her grounds for a restraining order “insufficient and speculative.”
“If there are concerns they should be resolved in family court,” the judge wrote on the denial sheet. “You can proceed with any personal criminal charges against Mr. Aubry.”
Kambem said she filed a police report and “I believe there is a criminal investigation.”
Aubry and his lawyer have not commented on the allegations.
Berry’s visit to court Tuesday was brief and private. The public is usually not allowed in hearings involving disputes between parents involving children.
Kambem’s statement, public because it was not part of the family court case, is a rare look at the tensions between Berry and Aubry. The couple’s split in April 2010 launched a bitter legal battle that ended a year later with shared custody of their child.
The nanny’s duties are written into the custody order, she said,
“I believe that Mr. Aubry resents the court order requiring that he have a nanny, and that his resentment has developed into dangerous and aggressive behavior towards me, particularly when I am in the presence of Nahla,” Kambem said. “I am truly fearful he will hurt me and in the process hurt Nahla as well.”
Aubry has been “verbally abusive and aggressive towards me,” she said.
“He would say things to me like, ‘What are you doing here?’ ‘You are a spy,’ ‘You report everything I say,’ ‘You’re not even doing your job.’ ‘Nahla doesn’t like you, she doesn’t want you here,’ an ‘I don’t need a nanny, I don’t want you here,’” her statement said.
Her sworn declaration describes an incident last week when she went to Aubry’s apartment in Los Angeles to pick up Nahla.
“As I was opening the door with the key he opened the door from inside,” she said. “Nahla was all dressed and ready to go. I again expressed my concern to Mr. Aubry regarding the lack of communication about Nahla.”
That’s when Aubry began screaming at her, she said.
“While he was screaming at me Nahla reached up her arms to me for me to pick her up, which I did. Nahla put her head on my shoulder. Mr. Aubrey violently pushed me, while I had Nahla in my arms, against both my shoulders with both of his hands,” she said.
She noted that Aubry is 11 inches taller than her.
“I was thrown in to the wall behind me while still holding Nahla,” she said. “I was terrified. The push was so forceful that if there had not been a wall behind me to stop the force of my movement I would have fallen down with Nahla in my arms. He then slammed the door. I got away with Nahla as quickly as I could.”
Kambem’s statement also described clashes with Aubry in Spain where Berry was shooting a movie last September.
“While there, for a week consistently, every time Nahla would be playing on the floor with me, he would walk over and violently grab/take Nahla away from me,” she said. “In the night, I would hear Nahla crying and asking for me, but he would not let Nahla come to me, nor me to her. He repeatedly told me to ‘Shut up,’ and that ‘I didn’t know anything’ and other degrading remarks.”