Halle Berry to Fight for Child Custody; Backs Out of 'New Year's Eve'

Academy Award winner and “Dark Tide” actress Halle Berry will do everything to fight for the custody of her two-year old daughter Nahla against her former lover, Canadian born model Gabriel Aubrey.

The 44-year-old actress did not hesitate to back out from her upcoming movie “New Year’s Eve,” scheduled to start shooting this week in New York.

According to a statement released by Halle Berry’s publicist Meredith Sullivan,"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."

Last December 30, Aubrey filed a petition asking the court to recognize him as the legal father of Nahlia and to have a legal custody arrangement as a father.

Sullivan said that Halle Berry tried to talk directly and amicably resolve the custody issue with Gabriel Aubry, but he is not cooperating.

”Halle has no choice but to seek swift judicial intervention,” said Sullivan.

Furthermore the publicist said, “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."

Before filing for the custody of Nahla who will turn three on March, the ex-couple were seen co-parenting in a friendly way after breaking up last April.

Meanwhile, "Grey’s Anatomy" star Katherine Heigl will replace Halle Berry in the "New Year's Eve." The film stars Robert DeNiro, Ashton Kutcher, Sarah Jessica Parker and Zach Efron.