(Cover) - EN Showbiz - Halle Berry's custody battle with ex-boyfriend Gabriel Aubry is about to heat up.

The former couple are continuing to battle about the Oscar winner's desire to move their daughter Nahla, four, to France where Halle's fianc Olivier Martinez is from.

RadarOnline reports that Gabriel's attorneys want to question Halle about whey she has not tried to get a restraining order against a photographer who she claims to be scared of, after her run in with him outside Nahla's school recently.

Halle's lawyer reportedly plans to call the paparazzo to the witness stand during the trial as she tries to prove that life in Los Angeles is too dangerous for her and her daughter because she's followed all of the time.

"Celebrities such as Nicole Richie have been successful in getting restraining orders against paps that would lurk around her children's nursery school," a source told the site.

"Gabriel is also interested in the timing of Halle's run-in with the photographer at Nahla's preschool and he is unsure that the photographer was doing anything illegal or that he was threatening Halle or Nahla's safety."

The custody trial is set to begin in a few weeks. (C) Cover Media