Halle Berry Quits Film to Prepare for Custody Battle with Gabriel Aubry

NEW YORK (CBS/AP) Halle Berry is clearing her schedule for a custody battle.

The actress, 44, has pulled out of the film "New Year's Eve" and is preparing to go to court with ex Gabriel Aubry over custody of their daughter, Nahla, who turns 3 in March.

A spokeswoman for the Oscar-winner said she backed out of the film due to "pending custody litigation involving her daughter."

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"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," the actress'  rep told People magazine on Monday.

"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," the rep added.

There's no word on what prompted the custody dispute, and publicist Meredith O'Sullivan did not say where or when the custody case would be heard.

Aubry, 35, filed court papers on Dec. 30 seeking to be formally recognized as Nahla's father and to establish that he'll share custody. The pair split in April.

Berry's rep told the magazine, "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."

"New Year's Eve" is set to begin filming in New York this week. Berry is being replaced by actress Katherine Heigl.