Halle Berry's ex Gabriel Aubry will not be charged for allegedly assaulting their daughter's nanny.

Gabriel was accused of pushing his three-year-old daughter Nahla's nanny while she was holding the child in her arms.

The nanny filed a police report against Gabriel in January and he was being probed for misdemeanour battery and child endangerment charges.

The Los Angeles County Department of Children & Family Services (DCFS) and the Los Angeles Police Department have been investigating the matter.

Authorities cannot substantiate whether a crime has been committed.

Los Angeles City Attorney spokesman Frank Mateljan told TMZ that Gabriel will not face charges due to "insufficient evidence."

Although DCFS found that Gabriel has never physically or verbally abused Nahla, a judge ordered in a court hearing last week that visitations with her father to be supervised until investigation on the misdemeanour battery and child endangerment charges against him concludes.

This judgment currently stands and it is unknown whether Gabriel is planning on appealing the ruling.

Halle has formally petitioned to leave the US with Nahla to start a new life in Europe with fianc Olivier Martinez.

The court has not yet entered an official judgment on Halle's request to move and Gabriel has vowed to fight it.