Halle Berry Quits Film to Prepare for Custody Battle with Gabriel Aubry

Gabriel Aubry and Halle Berry arrive at the 2009 Vanity Fair Oscar Party on Feb. 22, 2009, in West Hollywood, Calif.

/ Getty

NEW YORK (CBS/AP) Halle Berry is clearing her schedule for a custody battle.

The actress, 44, has pulled out of the film "New Year's Eve" and is preparing to go to court with ex Gabriel Aubry over custody of their daughter, Nahla, who turns 3 in March.

A spokeswoman for the Oscar-winner said she backed out of the film due to "pending custody litigation involving her daughter."

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"Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her," the actress'  rep told People magazine on Monday.

"She has attempted to resolve these custody issues amicably with her daughter's father, Gabriel Aubry, directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention," the rep added.

There's no word on what prompted the custody dispute, and publicist Meredith O'Sullivan did not say where or when the custody case would be heard.

Aubry, 35, filed court papers on Dec. 30 seeking to be formally recognized as Nahla's father and to establish that he'll share custody. The pair split in April.

Berry's rep told the magazine, "Halle has always made the needs and safety of her daughter her first priority and, both while Halle and Gabriel were a couple and since their break-up, Halle has only acted in her daughter's best interest."

"New Year's Eve" is set to begin filming in New York this week. Berry is being replaced by actress Katherine Heigl.

[mari1963]

The child belongs with her mother - case closed. Mr. Aubry should leave Halle and her child alone!

[mari1963]

He's not an ex if they weren't married. Halle has committment issues.

[carefulobserver]

I used to think Toni Braxton has problems! This Berry woman is such a difficult person apparently, no man wants any piece of her after they get in between!

[erasmus111]

"This Berry woman is such a difficult person apparently, no man wants any piece of her after they get in between!"


And how did you come to this conclusion?

[klilly]

erasmus111
This conclusion is come to simply because every guy she dates run like he!! after no more than a year or 2 if they wait that long. Wesley Snipes, David Justice, Eric Binett, Gabriel Aubry and every other guy that came in between them. Behind that perfect makeup must be Hell on earth.

David Justice said after he WON support from her in their divorce said that she is the biggest bratt on earth. She throw temper tantrums at any little issue that comes up if she don't get things exactly her way behind closed doors. Then she is all smiles and the biggest victim when the cameras are rolling.