Halle Berry’s trial is heating up, and evidently her ex-boyfriend Gabriel Aubry is the one on fire.

Aubry and Berry have been in an ongoing custody battle over their three-year-old daughter, Nahla.

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This week Aubry requested an amendment to his visitation rights, asking for permission to spend time with Nahla without the supervision of a nanny, reports TMZ.

As it stands, Nahla is granted three hours with her father where he can take her shopping or keep her overnight, but a nanny must be present at all times.

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However, a Los Angeles judge has sided with Berry and turned down Aubry’s plea. This comes after a series of custody battles between the two, who split in 2010 after a five year relationship.