Halle Berry has accused her ex, Gabriel Aubry, of having an incestuous affair with a family member, and of abusing their daughter Nahla.

In documents submitted to the court, Berry claims Aubry used racial slurs and refused to recognise their daughter as bi-racial.

Berry and Aubry split in 2010 and engaged in a bitter custody battle, with Berry wanting to move Nahla to France.

Court documents reveal the couple only had sex three times a year, with Aubry struggling with the effects of his incestuous relationship.

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"After the first six months of our relationship, our sex life diminished and after one year we had sex less than three times per year," Berry told the court.

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.