Mel Gibson Can't See Lucia on Her Birthday

10/29/2010 12:50 PM PDT

Mel Gibson Can't See His Daughter on Her Birthday

TMZ has learned ... Mel Gibson won't be able to spend a second with baby Lucia tomorrow on her first birthday, after being shut down by the judge.

Mel gets Lucia today but is supposed to return her to Oksana in the PM. Problem is ... Mel's primary nanny -- the one who takes the baby back and forth -- is sick, so Mel asked the judge for permission to return the kid on Saturday morning.

But team Oksana objected, arguing Mel has another nanny who is perfectly capable of transporting Lucia.  And Oksana claimed in her legal papers she feels Mel already has too much visitation.

In the end, the judge kept the status quo, which means Mel must return Lucia tonight.