Laura Wasser, Berry's Hollywood heavyweight attorney, submitted lengthy documentation focusing on Aubry's parenting skills. TMZ.com reports the Academy Award-winning actress alleges that Aubry neglected his daughter during an overseas visit and put her safety at risk.
The 44-year-old actress requested the judge rule that Aubry violated the agreement. Since he was not in court, the judge set a hearing for a later date.
Berry and Aubry first began fighting over custody in January. "Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her," her rep told UsMagazine at the time.
"Halle has always made the needs and safety of her daughter her first priority and, both while Halle and Gabriel were a couple and since their break-up, Halle has only acted in her daughter's best interest," the rep added.