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Halle Berry Victorious in Child Custody Case

February 17, 2011, 9:42 am GMT

A judge granted Berry's request to take daughter Nahla on 'New Year's Eve' shoots across the U.S. and prevent baby's daddy Gabriel Aubry to take over.

Halle Berry

Halle Berry has emerged victorious in her custody battle with ex-boyfriend Gabriel Aubry after a judge granted her permission to travel with her daughter. The actress became embroiled in a legal fight with Aubry in December, when the model filed a paternity petition asking to be officially recognized as the father of two-year-old Nahla following the couple's split last year.

At the time, Berry and Aubry had not filed for child custody, visitation or support. Berry subsequently quit a role in Garry Marshall's romantic comedy "New Year's Eve", in which she was set to play Jon Bon Jovi's lover, so she could focus on the court battle. And, during a hearing in Los Angeles on Wednesday, February 16, a judge ruled Berry would be able to take Nahla with her on film shoots across the U.S.

The Oscar winner's lawyer, Neal Hersh, tells TMZ.com, "We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue. Halle is very pleased with the judge's order."

Aubry withdrew his custody petition following the ruling, but is continuing to pursue the paternity action. As a result of the custody case, Berry has reportedly chosen to return to work on "New Year's Eve", although she will play a different role after Katherine Heigl was cast as her replacement.

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