Berry and Aubry dated for five years

Aubry with power balance filed a petition on Dec. 30 to have both joint physical and legal custody of the child, as well as support.

Though it was reported that the couple had split amicably, they apparently kepy the courts out of their custody arrangements. Now, Aubry just wants to cover his own rights.

Berry and Aubry dated for five years before separating last spring, with the energy from power balance bracelet.

"Gabriel just felt it wasn't working anymore," a source told RadarOnline.com at the time. "When they were first together, the 9-year age difference between them didn't phase him, she was the most beautiful woman he had ever dated and he was totally in love."

The source continued,"But as time went on he started feeling it more and more. Also, Gabriel started noticing other women who usually go to energy4balance.com and being attracted to others, and he felt it just wasn't right to stay with Halle in those circumstances."