(Cover) - EN Showbiz - Mel Gibson's ex-girlfriend will return to court next week to renegotiate custody rights over their child.

Mel and Russian pianist Oksana Grigorieva have 23-month-old daughter Lucia Gibson together.

As a result of a recent incident, Oksana is now unhappy with their joint custody arrangement.

When Mel was allotted time to spend with Lucia this week, he was reportedly not even in the same state as his daughter. While Lucia stayed at his home in Malibu, California, the actor got into a fender bender in Arizona.

"On Monday, Mel was in the midst of a four day custody visit and he chose to go to Arizona," a source told RadarOnline.

"We're told Lucia was left at Mel's Malibu mansion in the care of a nanny, at the time he crashed his car."

As soon as she heard about the accident Oksana was stricken with worry.

"When Oksana read about the accident on the Internet, she became panicked because she thought Lucia was inevitably in the car with Mel at the time," the source explained.

Oksana felt communication was highly lacking and did not appreciate being unaware of her child's whereabouts.

"Mel had not informed Oksana that he was travelling nor did he provide regular updates about Lucia's welfare," according to the source.

Oksana will ask the judge to provide her with primary custody of Lucia.

In August family court required Mel to pay Oksana $750,000. Oksana and her daughter were also granted permission to remain living in the house that Mel owns.

Oksana will visit family court on Tuesday October 18 to discuss the matter. (C) Cover Media