Halle Berry Pulls Out of 'New Year's Eve' Film for Custody Battle

While many sites are reporting that Oscar winner Halle Berry was replaced by actress Katherine Heigl in the upcoming romantic comedy 'New Year's Eve,' BlackVoices.com has learned that Berry pulled out for other reasons.

"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," Berry's rep told BlackVoices.com.

"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 breakup, Halle has only acted in her daughter's best interest."

Berry, 44, and Canadian model Aubry, 35, have a 2-year-old daughter named Nahla.

After four years together, the couple split last April.

Directed by Garry Marshall, 'New Year's Eve' is about couples and singles whose lives intertwine one New Year's Eve in New York.

The film stars Jessica Biel, Jon Bon Jovi, Abigail Breslin, Ice Cube, Robert De Niro, Josh Duhamel, Zac Efron, Ashton Kutcher, Seth Meyers, Lea Michele, Sarah Jessica Parker, Michelle Pfeiffer, Hilary Swank and Sofia Vergara.

The movie is scheduled for release on Dec. 9.

In the meantime, Berry's latest film, 'Frankie and Alice,' which garnered her a Golden Globes nomination for her performance as a woman suffering with multiple personality disorder in early-1970s Los Angeles, has been pushed back from its Feb. 4 release date. It's new date is undetermined at this point.