Oscar-winning actress Halle Berry, 44, and her former partner, French-Canadian model Gabriel Aubry, 34, are going to court to sort out custody issues with their daughter Nahla, 2, reports People. Aubry filed court documents last December to be officially recognized as the biological father of the little Nahla, and to gain shared custody, but it appears there may be a battle brewing between the former couple.
According to the actress’ rep, Berry has concerns about her daughter’s care while she with her dad, and that she tried to resolve the custody issues amicably with Aubry, but they weren’t able to reach an agreement.
"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’s rep told People magazine.
"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 said.
Berry has pulled out of her current film, New Year’s Eve, which was set to start filming this week in New York, in order to clear her schedule for custody litigation. She’s being replaced by Katherine Heigl.
It is unclear what caused the rift between the couple, since at the time of their separation in April, 2010, they had worked out a financial and a shared custody deal with a family lawyer, and Berry’s representative confirmed the relationship had ended, saying, "They have been split for some time, but remain friends and committed parents to their daughter.”