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There goes keeping everything civilized between these two. Halle Berry recently pulled out of the star-studded flick, “New Year’s Eve,” which is set to begin filming in NYC this week. Halle Berry is planning to take her ex husband Gabriel Aubry to court to fight for custody of their two-year-old daughter Nahla.

“Halle Berry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter,” her rep tells UsMagazine.com in a statement. “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.”

“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,” her rep adds.

On Decemeber 30, 2010, Gabriel filed papers asking to be formally recognized as Nahla’s father and to establish shared custody.

This looks like it’s about to get MESSY!

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