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Halle Berry Acts in Daughter's Best Interest During Custody Battle

February 1, 2011, 7:38 am GMT

The actress, who has pulled out of 'New Year's Day', seriously concerns for her daughter's well-being while in the care of her father, Gabriel Aubry.

Halle Berry, Gabriel Aubry

Halle Berry's child custody battle with her ex-boyfriend Gabriel Aubry is beginning to get messy - the actress is challenging his efforts to spend more time with their daughter Nahla. In December, Aubry asked a judge to officially declare him the father of the two year old, and filed a paternity petition in a bid to protect his rights, following his split from the Oscar winner.

At that time, the former couple had not filed for child custody, visitation or support. Now, Berry is preparing to go to court with Aubry over the custody issues, although it's not clear why she's challenging her ex.

A spokesman for the actress tells People.com, "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."

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

The ongoing legal battle is reportedly the reason behind Berry's decision to quit new film "New Year's Day", in which she was set to play Jon Bon Jovi's lover. Katherine Heigl has replaced her.

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