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While Halle Berry attempts to deny Gabriel Aubry access to daughter Nahla – following a report that claims he shoved the child’s nanny while she was holding the three-year old – a Los Angeles judge has granted this model one tiny victory in court.

Alliance Kamdem, the nanny in question, had applied for a restraining order against her former employer on grounds that he has abused her physically and emotionally, twice pushing her out of doorways; sometimes violently snatching his child out of her arms; and once even saying she was a “spy.”

But a judge referred to Kamdem’s petition today as “insufficient and speculative.” He said she should take her complaint to family court.

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Alliance quit her position after the most recent incident and has also filed a police report against Aubry.