Halle Berry's ex-boyfriend Gabriel Aubry will be able to see his daughter while he is investigated for assault.

It is alleged that Gabriel pushed Halle's nanny while she was carrying their three-year-old daughter Nahla.

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

TMZ reports that as authorities probe the inquiry, Halle filed a restraining order against Gabriel and requested that a family court temporarily strip him of his parental rights.

A judge ruled Friday that Gabriel will not lose shared custody of Nahla while he is being investigated for misdemeanour battery and child endangerment.

Although Gabriel's visiting rights remain the same presently, the terms of the custody agreement could alter drastically in upcoming months.

In a joint meeting between DCFS and the parents last week, Gabriel agreed to take anger management classes.

According to TMZ, law enforcement insiders have said they are "confident" Gabriel won't be prosecuted because it is a "he said, she said" case.

The matter is expected to be deferred to the L.A. City Attorney next week but it is believed the office will decline to prosecute.