AceShowbiz -

Halle Berry and her ex-lover Gabriel Aubry may soon be back on court in the custody battle over their 3-year-old daughter, Nahla. Her lawyer has asked a judge to hold Aubry in contempt for an alleged violation of the former couple's custody agreement.

Nahla has been juggling time between her parents in the last few months. She was last seen picked up by her father from her pre-school last week after spending the weekend with her birthday mom and her boyfriend Olivier Martinez.

The bitter custody battle began as soon as Berry and Aubry split in May 2010. Aubry allegedly called Berry the "N" word and she accused him of neglecting their child. In February this year, Berry won over Aubry to take Nahla on film shoots after he filed a paternity petition.

This is not the first time that Berry claims Aubry has violated their agreement. In June, her lawyer said, "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."