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Halle Berry fighting ex for custody of daughter

Rep: Star 'has serious concerns' for daughter's well-being while in Aubry's care

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Video: Custody battle forces Berry to quit latest film

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Image: Halley Berry, Gabriel Aubry
Stephen Lovekin  /  Getty Images
What was an amicable split between Gabriel Aubry and Halle Berry is getting nasty with a custody battle of their daughter.
updated 1/31/2011 6:52:39 PM ET 2011-01-31T23:52:39

So much for their amicable split.

Halle Berry is planning to take ex Gabriel Aubry to court to fight for custody of their two-year-old daughter Nahla. The Oscar winner, 44, even cleared her schedule by pulling out of the star-studded flick, "New Year's Eve," which is set to begin filming in NYC this week. (She's being replaced by Katherine Heigl.)

PHOTOS: Halle and Gabriel in happier times

"Halle Berry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter," her rep tells UsMagazine.com in a statement. "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."

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Behind her decision to head to court?

PHOTOS: More unfriendly celebrity exes

"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," her rep adds.

Though the twosome were often seen cordially co-parenting in the wake of their April split — including a shared trip to Paris — the model, 35, filed papers December 30 asking to be formally recognized as Nahla's father and to establish shared custody.

PHOTOS: See what other stars split last year

Says her rep, "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."

Copyright 2012 Us Weekly
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Photos: Halle Berry

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  1. Cause celeb

    Actress Halle Berry attends the DKMS 4th Annual Gala "Linked Against Leukemia" at Cipriani 42nd Street in New York on Thursday, April 29. (Bryan Bedder / Getty Images) Back to slideshow navigation

  2. Two beauties

    Berry and her daughter Nahla Aubry enjoy the day at Coldwater Canyon Park in Beverly Hills, Calif. (Splash News) Back to slideshow navigation
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  3. Lucky man

    Berry, right, is joined by, from left, singer Alicia Keys, singer Leona Lewis and actor Jamie Foxx at Jenesse Center's 30th Anniversary Silver Rose Weekend at the Beverly Hills Hotel in Beverly Hills, Calif., on April 18. (Angela Weiss / Getty Images) Back to slideshow navigation

  4. Always Golden

    Berry poses in the press room at the 67th Annual Golden Globe Awards at The Beverly Hilton Hotel in Beverly Hills, Calif., on Jan. 17. (Kevin Winter / Getty Images) Back to slideshow navigation
    Related video Halle Berry helps women in crisis
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  5. Night out

    Berry and Alicia Keys pose at Hammerstein Ballroom during the Keep A Child Alive's 6th Annual Black Ball on Oct. 15, 2009, in New York. (Kevin Mazur / WireImage) Back to slideshow navigation
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  6. Sweet smell of success

    In 2009, Berry released her first perfume, Halle by Halle Berry, from Coty. The actress said that she had been mixing scents to make her own fragrance even before her scent was released, mixing fig and mimosa with other components. (halleberryfragrances.com) Back to slideshow navigation

  7. Soaking up the sun

    Berry gives daughter Nahla a taste of the Atlantic Ocean in Miami on July 8, 2009. (Brett & Natalie Kaffee / FilmMagic) Back to slideshow navigation
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  8. On fire

    Berry accepts the Decade of Hotness award at Spike TV's 2009 "Guys Choice Awards" on May 30, 2009 in Los Angeles. (Kevin Winter / Getty Images) Back to slideshow navigation
    Related video Halle Berry named 'sexiest woman alive'

  9. Supporting families

    In April 2008. Berry makes her first public appearance six weeks after delivering baby Nahla in March. Berry was at the Jenesee Center’s Silver Rose Gala & Auction, which helps families affected by domestic violence with emergency shelters, employment training, and counseling. (Toby Canham / Getty Images) Back to slideshow navigation
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  10. Baby on the way

    A pregnant Berry arrives for the presentation of "Things We Lost in the Fire" at the Rome Film Festival, on Friday, Oct. 26, 2007. (Pier Paolo Cito / AP) Back to slideshow navigation
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  11.  Related video Halle’s baby surprise

    Portraying loss

    In 2007's "Things We Lost in the Fire," Berry portrayed Audrey Burke, a woman who lost her policeman husband (David Duchovny) and renews a friendship with his childhood pal (Benicio del Toro, left), a heroin addict. (DreamWorks Pictures) Back to slideshow navigation

  12. Hot stuff

    Berry and model boyfriend Gabriel Aubry attend the afterparty for the premiere of her film "Things We Lost in the Fire" at the Egyptian Theater in Los Angeles on Oct. 15, 2007. On April 30, 2010, reports surfaced that the couple had split. (Kevin Winter / Getty Images) Back to slideshow navigation
    Related story Halle Berry, Gabriel Aubry call it quits
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  13. Undercover

    In 2007's "Perfect Stranger," Berry plays reporter Rowena Price, who goes undercover to flirt with a senator (Bruce Willis, left) who may have killed her friend. (Revolution Studios) Back to slideshow navigation
    Related video Halle Berry on new thriller

  14. Just 'Perfect'

    Berry attends a photocall for the film "Perfect Stranger" on March 30, 2007, in Berlin, Germany. (Sean Gallup / Getty Images) Back to slideshow navigation
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  15. Star power

    Berry attends a ceremony honoring her with a star on the Hollywood Walk of Fame on April 3, 2007 in Hollywood, Calif. (Vince Bucci / Getty Images) Back to slideshow navigation

  16. Just desserts

    With a grand parade, Harvard's Hasty Pudding honored Berry as its 2006 Woman of the Year. Before receiving the traditional brass pudding pot, the Cantebridgians were unwilling to let her off without a bit of ribbing: To mark her "Catwoman" role, they made her dance with a Pudding member dressed as a dog. (Chitose Suzuki / AP) Back to slideshow navigation

  17. Woman of steel

    Berry provided the voice of Cappy in 2005's "Robots." Director Chris Wedge gave each mechanism its own personality. After playing a live-action version of a comic-book figure in "X-Men," the film gave Berry the chance to portray an animated figure on screen. (20th Century Fox) Back to slideshow navigation

  18. All 'Eyes' on her

    Berry was a vision in pink for the 2005 premiere of ABC's TV adaptation of Zora Neale Hurston's "Their Eyes Were Watching God." As the lead character Janie in this Oprah-produced effort, Berry portrayed one of the most compelling characters in African-American literature. It won her another Emmy for best actress in a miniseries or movie. (Mark Mainz / Getty Images) Back to slideshow navigation
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  19.  Related video Halle Berry chats about 'Catwoman' role

    Feeling catty

    Berry's sex appeal was on display as she promoted her 2004 film "Catwoman." Audiences were less impressed once they entered the theaters, and the role scored her a 2005 Razzie for worst actress. Unlike most recipients of the ignominious award, Berry proved herself a class act when she showed up in person to accept. "If you aren't able to be a good loser, you're not able to be a good winner," she told the crowd. (Warner Bros.) Back to slideshow navigation

  20. Funny girl

    Berry got a good laugh when Ashton Kutcher pulled a "Punk'd" prank on her for his MTV show. At the "Gothika" world premiere, Kutcher had a security guard deny Berry access, saying the theater was over capacity and 16 people needed to leave before she could enter. (Carlo Allegri / Getty Images) Back to slideshow navigation
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  21. Scary stuff

    Berry's choice of roles took a turn for the darker in 2003's "Gothika." As criminal psychologist Dr. Miranda Grey, she found herself a patient in her own mental institution, accused of her husband's murder but with no memory of the alleged crime. (Warner Bros. Pictures) Back to slideshow navigation

  22. Storm surge

    Berry reprised her role as mutant Storm in 2003's "X2." Though the "X-Men" series were undoubtedly popcorn movies, Berry brought depth to her comic-book character. (20th Century Fox) Back to slideshow navigation

  23. Berry, Halle Berry

    Again proving her range, Berry decided to join the ranks of Bond girls in 2002's "Die Another Day," playing against Pierce Brosnan's James Bond. As Jinx, she was Bond's right-hand woman, though some Bond fans felt the screenplay didn't do either Berry or Brosnan justice. (MGM) Back to slideshow navigation

  24. Making history

    Halle Berry celebrates her win at the 2002 Oscars. Her win for "Monster's Ball" made her the first African American to win an Academy Award for best actress. In addition to thanking other talented black artists in her acceptance speech, Berry said her win was "for every nameless, faceless woman of color that now has a chance because this door tonight has been opened." (Lee Celano / AFP - Getty Images) Back to slideshow navigation
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  25. A heavy 'Ball'

    Berry's most profound role yet came in 2001's "Monster's Ball," where she played Leticia, the widow of an convict who falls in love with a man (Billy Bob Thornton, right) who helped execute her husband. The wrenching film, which included an intimate nude scene, won Berry her first Oscar. (Lions Gate Films) Back to slideshow navigation

  26. Remembering the lost

    Berry spoke onstage at the Oct. 2001 concert for New York City to benefit the victims of the World Trade Center disaster. (Dave Hogan / Getty Images) Back to slideshow navigation
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  27. Vixen time

    Berry and John Travolta played a black-ops duo in 2001's "Swordfish," a film remembered less for its plot than for including Berry's first topless scene. (Rumors swirled that she received $2 million for the effort, a claim she and the studio have repeatedly denied.) (Warner Bros.) Back to slideshow navigation
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  28. A winning choice

    Berry's six-year struggle to bring "Introducing Dorothy Dandridge" to the screen paid off when she won a 2000 Emmy for best lead actress in a miniseries or movie. (Scott Nelson / AFP - Getty Images) Back to slideshow navigation

  29. Playing an icon

    One of Berry's most heartfelt personal projects was to portray actress Dorothy Dandridge, the first African American woman to be nominated for an Oscar. It took Berry six years to bring the story to the small screen for HBO, but her turn in the starring role was flawless, and her other role -- as the TV movie's producer -- established her as a force in Hollywood on both sides of the camera. (HBO) Back to slideshow navigation
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  30. Halle's guy

    Berry showed up (and showed skin) at the 2000 premiere of "X-Men" with jazz musician Eric Benet. The couple would marry the following year -- a second marriage for Berry, after her first one to baseball player David Justice ended in a 1996 divorce. She and Benet separated in 2004, and after their 2005 divorce, Berry stated she never wanted to be married again. She has a daughter with model Gabriel Aubry. (Scott Gries / Getty Images) Back to slideshow navigation
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  31. Getting her due

    Berry was a radiant presence at the 1998 Blockbuster Awards. She won a 1997 Blockbuster Award for her role as a flight attendant aboard a hijacked plane in "Executive Decision." Not a film for the ages, but with it, Berry added action-adventure to the list of genres she could master. (Brenda Chase / Getty Images) Back to slideshow navigation
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  32. Hair today

    Director Robert Townsend loves to send up black stereotypes, but you could hardly accuse his 1997 film "B.A.P.S." of tackling the obvious. As wannabe actress Nisi, Berry costarred in this comedy about race and the high life in Beverly Hills. Berry and Natalie Desselle, right, find themselves living with an aging millionaire (Martin Landau) and learning to become Black American Princesses, hence the title. An usual choice for Berry, but proof she wanted a varied choice of roles. (New Line) Back to slideshow navigation
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  33. 'Sun'-shine

    Berry received top billing in the undernoticed 1996 drama "Race the Sun," as she played a teacher determined to inspire Hawaiian high-schoolers. She drives them to build a solar-powered car that eventually powers them across Australia. The inspiring-teacher genre was already well worn by then, but Berry brought a subtle touch to the role. (Tristar) Back to slideshow navigation

  34. Stone cold

    Berry's earlier career wasn't all serious. She also brought an edge to her role as villainess Rosetta Stone in the 1994 live-action adaptation of "The Flintstones." Betty and Wilma were hard-pressed to compete. (Hanna-Barbara via ZUMA Press) Back to slideshow navigation
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  35. Feeling the 'Fever'

    Halle Berry's first major role came in 1991, when she played drug addict Vivian in Spike Lee's "Jungle Fever." The down-and-dirty role (literally -- she reportedly refused to bathe for days before filming) established Berry early on as a serious talent and much more than a pretty face. The cred was doubly important because of Berry's background as a beauty queen and Miss USA runner-up. (Universal Pictures via ZUMA Press) Back to slideshow navigation

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