Halle Berry's ex Gabriel Aubry will sue her should he find himself in family court over "unsubstantiated allegations."
The actress and the Canadian model share three-year-old daughter Nahla together and have been involved in a bitter custody dispute for years.
In recent months, Gabriel was accused of pushing a nanny while she was holding Nahla, but the Los Angeles City Attorney didn't press charges due to lack of evidence.
In family court Thursday, the Department of Children & Family Services found no basis to claims that Gabriel ever endangered his daughter.
With the case closed and the judge presiding over the matter lifting monitored visitation restrictions, Gabriel is reportedly left infuriated by the situation.
"If he gets dragged in again over baseless claims, that are found to be unsubstantiated and lacking evidence, he will sue [Halle]," a source told RadarOnline.
"Gabe has had enough and is extremely frustrated with Halle. All of the proceedings in their custody case are sealed but if he were to file a lawsuit against her it would be made public. Gabe has had to jump through hoops because of Halle's accusations when he takes care of Nahla, and NONE of it has been found to have any merit."
Gabriel will take legal action, but he isn't prepared to publish a tell-all. The model wants to remain on civil terms with Halle while Nahla is underage.
"Gabe's friends want the world to know the real Halle Berry. However, Gabriel has had many offers to write books and give interviews in exchange for a big payday, but he has turned them all down," the source explained.
"One day, Nahla is going to be old enough to understand what was going on between her parents, and he wants to be able to look his daughter in the eye and say everything he has done has been for her. Writing a book would be a great way to get back at Halle but what would that get him? Gabe always thinks of his daughter when making any decision. Halle should count her lucky stars that her ex is being a gentleman, especially under these circumstances."
Gabriel desires to have a solid, functional parental relationship with Halle. He doesn't believe contention is a good environment to raise a child in.
"If Halle truly had the best interests of their daughter in mind she would work with Gabe to co-parent and raise Nahla," the source said. "Sadly, Gabe doesn't think that she will do that and he isn't going to be playing Mr. Nice Guy anymore."
Halle has petitioned the court to move to her boyfriend Olivier Martinez's native country France, which has so far been denied.
She also recently parted ways with her long-time attorney and hired a new pitbull lawyer to see that the matter, which is expected to be addressed in six to nine months, comes to a decision forthwith.