Halle Berry is going to court with her ex-boyfriend Gabriel Aubrey over custody of their 2 ½-year-old daughter Nahla.
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,” Halle’s rep tells PEOPLE
The 44-year-old mother of one pulled out of the film New Year’s Eve – set to start filming this week in New York – in order to clear her schedule for custody litigation. She’s being replaced by Grey’s Anatomy alum Katherine Heigl.
“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,” her rep adds.
Gabriel filed court papers on Sunday, December 30 seeking to be formally recognized as Nahla’s father and to establish that he’ll share custody.
There is no information on what prompted the custody dispute.
Halle’s rep continues, “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.”