By Jen Heger - Breaking Celebrity News Assistant Managing Editor

UPDATE: A judge has ruled that Gabriel Aubry will be allowed to resume visitation with Nahla, with unspecified precautions in place to protect her safety. Story developing…

***

Halle Berry's baby daddy, Gabriel Aubry, is headed to a Los Angeles courthouse Tuesday to ask a judge to formally re-instate his visitation with their four year old daughter, Nahla, and to request that the Academy award winning actresses' fiance, Olivier Martinez be prohibited from having any contact with the toddler, Breaking Celebrity News is exclusively reporting.

"Gabe has had enough, he has now twice been accused of criminal behavior resulting in his recent arrest after a fight with Olivier Martinez on Thanksgiving," a source close to the situation tells Breaking Celebrity News exclusively. "Gabe will ask the judge to prohibit Martinez from having any contact with Nahla. Gabe will also ask the judge to re-instate his visitation with Nahla after Halle obtained a protective order after Gabe's arrest which doesn't allow him to have any contact with his little girl.

HOTOS: Gabriel Aubry's Shocking Injuries Following Thanksgiving Beat D