Injured actress Halle Berry and her daughter Nahla enjoying a day at the beach with her boyfriend Olivier Martinez in Malibu, CA on Jan. 29, 2012.

*Halle Berry has asked the judge overseeing her custody battle for permission to move to France with her daughter Nahla.

The Oscar winner wants to relocate from Los Angeles to her French fiance Olivier Martinez’s home country, according to a new court filing obtained by TMZ. The website reports her ex-partner Gabriel Aubry, the father of three-year-old Nahla, opposes the move.

A hearing on the matter is currently pending.

The actress sought to ban Aubry from contacting Nahla last month after former nanny Alliance Kamdem accused him of shoving her while she was holding his daughter.

The former couple has been locked in a bitter battle over Nahla since they split.