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By Mike Fleeman and Julie Jordan,
February 1, 2011 8:55 a.m. EST

(PEOPLE) -- Halle Berry says she's preparing to go to court with her ex Gabriel Aubry over custody of their 2 1/2-year-old daughter Nahla.

"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," the actress's rep tells PEOPLE.

To clear her schedule for custody litigation, Berry, 44, pulled out of the film "New Year's Eve," set to start filming this week in New York. She's being replaced by Katherine Heigl.

"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," her rep says.

Aubrey, 35, filed court papers December 30 seeking to be formally recognized as Nahla's father and to establish that he'll share custody. The couple split last April.

There was no word on what prompted the custody dispute.

Berry's rep says, "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."

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>>> I think I would be HIGHLY frightened for this child is Halle is given full custody of her!!  She's psychotic and probably shouldn't be a mother as it is.

I hope the father wins his lawsuit.  And then I hope he goes even further to protect this child for her mentally-deranged mother!!  <<< -EbonyRose

I totally agree with you Ms. Ebony, I think it's the FATHER who is looking out for the child's best interest, unless, of course, Halle knows something about the father [unknown to the public] that jeopardizes his ability to co-parent.
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Custody Battle Turns Ugly, RACIAL.

After splitting last April, Halle Berry and Gabriel Aubry seemed determined to remain peaceful co-parents of their daughter Nahla, who will turn 3 in March.

But tensions rose quickly, and now Nahla's parents are gearing up for a custody battle that's already turning nasty, with ugly accusations flying.

"Once they broke up he became verbally threatening to Halle," Aubry's former friend and business partner Stephane Bibeau tells PEOPLE in this week's cover story. "He is a vindictive guy." Bibeau and other sources close to Berry, 44, claim that Aubry, 35, has used a racial slur against her.

"That's just unacceptable," a source close to the actress says.

"The fact is that Gabriel is a caring father who shares custody of Nahla," according to a statement released by Aubry's rep Tuesday.

Friends of the French-Canadian model – who filed court papers on Dec. 30, seeking formal recognition as Nahla's father and joint legal and physical custody – expressed support for him.

"I never saw someone more dedicated to their child," a friend of Aubry's says.

Adds a source close to Aubry: "From the beginning, Halle kind of had the upper hand because she was essentially supporting all of them for the most part. Gabriel never liked how that felt. Their split was tough because they're both so involved in raising Nahla, and neither ever wanted to give that up."

Berry sees it differently. Her rep issued a statement to PEOPLE on Monday, expressing her "serious concerns for her daughter's well-being while in the care of her father."

"The only reason Gabriel is seeing Nahla right now is because the court hasn't made a decision yet," says a source close to the actress. "If it were up to Halle, he wouldn't be seeing her at all without some sort of supervision.",,20462753,00.html

Gabriel Aubry: Ex Halle Berry Is Being Irresponsible in Custody Dispute.

Gabriel Aubry isn't going down without a fight.

One day after Halle Berry announced she was pulling out of a movie ("New Year's Eve") to focus on "custody issues" related to her two-year-old daughter Nahla, Aubry's rep at Wilhelmina Models released a statement on his behalf.

"While Gabriel is disappointed in Halle's decision to falsely malign him publicly and for her own purposes, he refuses to be pulled into her dispute over a canceled film production," his rep told Access Hollywood. "Gabriel also refuses to air their issues in the press as he believes this may ultimately harm their daughter. The fact is that Gabriel is a caring father who shares custody of Nahla."

"Gabriel fully believes that a consistent and balanced living situation and two loving parents are crucial for their child even if Ms. Berry feels otherwise," his rep continued. "He will always defend his rights as a father and will always consider Nahla's best interest. Halle's continuing allegations in the press are untrue and irresponsible."

The 44-year-old Oscar winner's rep previously told that Berry had "attempted to resolve these custody issues amicably with her daughter's father...but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."

Up until recently, the ex-lovers appeared to be amicably co-parenting in the wake of their April split. But on December 30, Aubry asked the courts to be formally recognized as Nahla's father and to establish shared custody.

"Halle has always made the needs and safety of her daughter her first priority," her rep told Us Monday. "Halle has only acted in her daughter's best interest."

Last edited by Cholly
Up until recently, the ex-lovers appeared to be amicably co-parenting in the wake of their April split. But on December 30, Aubry asked the courts to be formally recognized as Nahla's father and to establish shared custody.

I mean, I don't understand why he had to "ask" the courts to be formally recognized as the girl's father??   Didn't that happen when she was born??  Is his name not on the birth certificate??

I mean, Halle rejoiced in tell the WHOLE WORLD that she was intentionally - and with purpose - screwing this man's brains out every day in an attempt to become pregnant with his child!!    And when it happened - and even after the fact - she quite proudly exclaimed that it was HER and HIS child TOGETHER ... and how happy she was about that!!!

So .... what???  Somehow she just left out the fact that he was the baby's LEGAL - let alone BIOLOGICAL - daddy??   I mean, how the hell does that work?? 
Halle Berry: Mine, mine, all mine!!!

It seems to me that Halle Berry only wanted the baby and not him as a father in any sense of shared responsibility or accountability......He was just a sperm donor that she specifically chose to have "her" child, make it public and since she has all the financial backing. fame and name recognition, then she probably thinks that legally she will have her way and win complete full custody of her daughter no matter how lousy her defense against him is in court.

She's being selfish, overly protective and allows her paranoia to kick in once he has custody of the child to overtake her common senses......I'll bet that when he has her, Halle is a total wreck or goes into a depressed state and won't stop calling or accusing the man...He probably did not know or wasn't even there at the hospital when she had the baby and the birth certificate probably doesn't even have him or anyone else as the father listed on the document if had to "ask" the courts to be formally recognized as the girl's father.

Someone is going to have to pay close attention to this child and watch Halle Berry...or get her some help because this strange behavior will come back to haunt her.

Maybe ex-husbands Eric Benet and retired ex-MLB baseball player David Justice aren't the only ones to blame.....Halle Berry is also the one constantly trippin" and they were the ones saying "damn" and it's was all neately covered up for the sake of her acting career.
  I heard that Halle became FURIOUS when Gabriell took Kim Kardashian to one of those award shows.  And said her child will NOT be around that type of scene.  I mean that's the rumor I heard....don't know how true it is.  But!  She did have a baby by a baby.  And at one time, they did share a mutual comittment to their child when they broke up.  He even with on location with her when she did a movie to help take care of the child.  So I think it maybe more to it than just a drama queen may very well have something to do with who her child is around when the baby is with the father...a young father at that.  

To me it's a legitimate concern.  Cuz it doesn't seem to me that Gabrielle is the sharpest knife in the drawer....but!  On the other hand, this is the first time Halle is a mother.  And she may be revisiting her experience as a child with her black father and white mother.  Who knows.  But!  I do know one thing.  She loves that baby.  And loves her enough  to STOP what she's doing to make sure her baby's best interest is at hand.  To me, that's a REAL mother.  Unlike Kardahian's mother who has "pimped" her daughters since the demise of her husband.  I wouldn't want my daughter around someone like that either!  But be clear...I'm not saying Halle isn't sprinkled with her OWN set of problems...but!  During those times, she didn't have a child.  So what she went with those epxeriences is what I call life lessons we all go through...but!  Now she's has a daughter to protect...and the dynamics change.  And like a mama bear she will go to what ever's necessary to ensure her daughter has the best care and not be tainted with the superfical dangerous angst of Hollywood.  Who knows better than her?  Again....that's what a real mother would and SHOULD do! And many have.  But!  I'm just sayin

Halle Berry To Gabriel Aubry: 'You Were Only Good For One Thing'.

As her custody battle turns ugly and racial, Halle Berry would like to thank her ex, Gabriel Aubry--for his sperm donation.

"You were only good for one thing... Thanks for the donation," she allegedly wrote in an email according to

Halle and Gabriel split last April, reportedly amicably as they worked out a temporary custody agreement for 2-year-old Nahla. Gabriel filed a paternity petition in December, and the custody battle has turned nasty with reports of Gabriel being abusive and throwing around the n-word and other vulgarities. Sources close to Halle also claim Nahla is terrified of her father and cries when he visits.

Now an ex-girlfriend of Gabriel's has come forward to TMZ backing up claims of Gabriel's racism. The woman said he "has always been a borderline racist" and she was shocked when he got together with Halle.

For what it's worth, a source close to Gabriel tells Radar he would never say the n-word - though he has been known to hurl other expletives at Halle.

"It's just not something that would come out of Gabriel's mouth," the source said. "I'll confess that I've heard him call her "a f***ing b**ch" before -- when he's been provoked, but I am talking serious provocation."

The source added that Halle has sent Gabriel nasty messages, and instead of releasing them he is trying to protect his daughter by saving them for family court, where they will not be available to the press.

  You know all this mud-slinging is NOT good for the baby.  Nope.  Gabriell knew there be a chance to father a baby by Halle.  Cuz why?  Apparently he didn't wear a condom.  And Halle?  Well that biological clock was ticking for her....and I'm sure they talked about the possibility of bringing a baby in the world.  Plus homeboy is a BABY!!!  Still uncooked in a lot of areas and Halle knew this too.  So I think what's going on is a lotta media hype in regards to him being a racist and her being a controlling diva.  Couples do have fights....that's absolutely normal.  Yet I don't think this young man would steep so low as to call the mother of his first child the "n" calling her bitch...well the common language among feuding exs.   So that's a completely different scenrio.  Who hasn't called a woman that word?  Hell...some heifers call themselves "bitches."  It just impossible for me to believe that a white man would lay down with a black woman, have a baby, love that baby and then when the two break up, all of a sudden, she is now a "n." Well...that means your child is also a "n."  A half "n".  So what would that make you?  A "n" lover.  Well...doesn't make sense to me.  Not one bit.  Having children is not a game.  They are innocent reminders of the love between two people.  I can't imagine for one minute this young man would hurt his daughter that way.  In the media world.....hurtful words last forever...just like the love of a father.  So time will time the real truth.  It will come out.  Right now, the media is having a ball.  Unfortunately at Halle's daughter's expense. She hasn''t done a thang to anyone but be born to famous parents.  Tragic.   But!  I'm just sayin
I watched Halle Berry in an interview on Oprah, no less, before she got pregnant, tell the entire world that she and Gabriel had been screwing like bunny rabbits since their mutual decision to conceive a child!! 

She told Oprah that both of them had taken off of work to have more time to screw each other's brains out ... because her GOAL was to get pregnant and become a mother!!  She further revealed that she had taken 35 pregnancy tests (up to that date and time) .. and that it was no cigar, YET!!!  But she was determined that she and her cutey new boyfriend (that all the women in the audience were screaming incessantly about every time his picture went up!!) were going to keep on trying until they were successful!!!

She knew what she was doing ... and she wanted to do it.  Now, she wants to do something else.    Which would be fine ... except now there's a child involved.

The truth is probably that neither one of them should or deserve to be parents.    And that baby will grow up dysfunctional no matter which parent she ends up being raised by. 

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