Halle Berry will fight for custody of her 2-year-old daughter, Nahla, with ex-boyfriend Gabriel Aubry, People reports. “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 tells People. Berry also recently left the film New Year’s Eve in anticipation of custody litigation. (Katherine Heigl will play the role vacated by Berry.)

Berry’s rep also says: “She has attempted to resolve these custody issues amicably with her daughter’s father, Gabriel Aubry, directly, but give his lack of cooperation, Halle has no choice but to seek swift judicial intervention.” Aubrey filed papers in December asking for joint custody. The pair split last spring after two years together.

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