The actress' lawyer Laura Wasser provided a lengthy court document documenting Gabriel's parenting skills. According to TMZ, Berry alleges there was once an incident overseas where the Canadian model neglected his daughter, imperiling her safety.
Berry, 44, asked the judge to rule that Gabriel violated their custody agreement. Since he was not in court, the judge set a hearing for a later date.
The couple -- who split in April 2010 -- first argued over their daughter's custody in January. "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," her rep told Us Weekly at the time.
"Halle has always made the needs and safety of her daughter her first priority and, both while Halle and Gabriel were a couple and since their break-up, Halle has only acted in her daughter’s best interest."