She has attempted to resolve custody issues amicably with her daughter's father...On January 31, 2011, halle berry's representative told People that Berry had pulled out of the film New Year's Eve to make time for custody litigation because the actress "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 publicist claimed that Halle Berry "has attempted to resolve these custody issues amicably with her daughter's father...directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."
The following day, Aubry responded by saying through his representative that he was "disappointed in Halle's decision to falsely malign him publicly and for her own purposes", calling himself "a caring father who shares custody of Nahla".
Aubry further stated that "he refuses to be pulled into her dispute over a canceled film production" and "also refuses to air their issues in the press as he believes this may ultimately harm their daughter".
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