The day before she went to court in a custody battle with ex-husband Gabriel Aubrey, Halle Berry was all smiles as she played with three-year-old daughter, Nahla, in a Los Angeles park on Monday.

Berry, 44, appeared in family court Tuesday, alleging that Aubry was guilty of violating their existing custody agreement. Berry and her lawyer presented the court with documents regarding Aubry’s parenting skills and claimed that there was once an incident overseas during which he neglected Nahla, imperiling her safety.

Halle requested that the judge find Aubry guilty of violating the custody agreement, but since Aubry was not in court, a hearing date was set.