Gabriel Aubry, Halle Berry

Jason Merritt/Getty Images; MARK RALSTON/AFP/Getty Images

The question of whether or not Gabriel Aubry is going to be able to maintain his current custody arrangement with Halle Berry is up in the air yet again.

Both parents returned to family court Friday for a private, confidential hearing. Daughter Nahla was not present, but sources confirm to E! News that representatives from the L.A. County Department of Children and Family Services were sitting in.

So, did Berry's bid to move to France just get a big boost?

Well, that's for the fly on the wall to know.

Custody case records are kept tightly under wraps, but it was not a secret when Aubry's nanny sought a temporary restraining order against him last month, claiming he shoved her while she was holding Nahla.

The employee's request was denied, but child services is required to investigate any claims of child endangerment.

Meanwhile, Berry has filed paperwork requesting that she be allowed to move to France with her daughter—and not just for kicks. E! News confirmed that the actress genuinely fears for her life on these shores, having received threats from a mental patient—who was locked up for stalking Madonna, escaped and now is back behind bars. A man who pleaded guilty to stalking Berry was also released from jail last weekend.

Today after their session at Edmund D. Edelman Children's Court in Monterey Park, Berry and Aubry were spotted driving separately out of the underground parking garage.

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