Gabriel Aubry Halle Berry Custody Battle Heats Up

The mud’s already flying in the custody battle between Oscar-winning Halle Berry and her former flame Gabriel Aubry.

Earlier this month, Aubry petitioned a Los Angeles Superior Court in a bid to establish paternity rights amid allegations that Halle had been barring the Canadian model, 35, access to the two-year-old daughter, Nahla, following their split last April. Not true, according to Berry’s legal team. A rep for the Oscar winner, 44, released a statement Monday, which claims that Halle has some serious questions about Gabriel’s ability to parent and is prepared to wage war against her former flame in open court.

Halle had to pull out of Garry Marshall’s romantic-comedy New Year’s Eve — which was due to start shooting this week — in order to prepare for the pending custody batte. She’s been replaced by former Grey’s Anatomy actress Katherine Heigl.

“Halle Berry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter. 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 statement read.

“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. 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.”