New York, Feb 1 (IANS) Halle Berry’s child custody battle with ex-boyfriend Gabriel Aubry is turning ugly as the actress prepares to challenge him in court.

‘Halle has serious concerns for her daughter Nahla’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,’ people.com quoted Berry’s representative as saying.

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,’ the representative added.