Halle Berry in child custody suit with ex Gabriel Aubry

Halle Berry pulled out of an upcoming film with Robert DeNiro, Michelle Pfieffer, Hilary Swank, Sarah Jessica Parker, and Ashton Kutcher to battle her ex, Gabriel Aubrey for custody of their daughter, Nahla.

Berry was set to star in "New Year's Eve" a comedy romance that delves into the lives of several couples and singles in New York on New Year's Eve.

But after what the Berry Camp says are failed efforts to amicably resolve custody issues with Aubry, Berry sought legal intervention through the court system.

Berry's publicity representative told US magazine that Aubry didn't cooperate with Berry which necessitated legal intervention. Aubry's people say that he is disappointed that Berry has decided to "falsey malign him publicly." The Aubry camp issued a long statement to US.

In a statement by Berry's rep, the Oscar winning actress said she has serious concerns for her daughter's well being while in the care of her father for any extended period of time.

A former female business partner of Aubry's told People that when Aubry and Berry broke up last April, Aubry became verbally threatening, used the "n" word and called Berry a list of expletives.

Nahla, the couple's blue-eyed daughter, turns 3 this March and People reports that friends call Aubry "vindictive." Berry is 44 and Aubry is 35.

In an interview in Vogue last October, Berry gave a detailed interview. She said that she was glad her daughter did not refer to her as "black berry."

Katherine Heigl has been named Berry's replacement for the "New Year's Eve" film.

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