Her lawyers claim the incestuous relationship began when Aubry was in foster care and lasted "for years".
"(Gabriel) refused to either recognise or accept responsibility for these issues. Instead, he criticised my body in ways which are very demeaning to women," the actress said.
"I finally convinced (him) to go to a joint therapist to address these issues."
The judge turned down the mother's request to move Nahla to France, where she wanted to live with her then-boyfriend Olivier Martinez.
Two weeks after the court decision, Aubry and Martinez were hospitalised following a violent confrontation at Berry's California house.
Aubry was charged with battery following the incident.