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Rep: Halle Berry Claims She Has "Serious Concerns" About Baby Daddy Gabriel Aubry

Halle Berry, Gabriel Aubry, Nahala Dean/National Photo Group

Halle Berry is trading big-screen comedy for real-life drama.

The Oscar winner "was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter," Berry's rep said in a statement Monday. "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."

Aubry filed for joint custody, plus child support, on Dec. 30. Now, which part of that does Berry, who dated the model for five years, particularly object to?

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"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," Berry's rep says. The actress "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 dropped out of Gary Marshall's latest ensemble rom-com, New Year's Eve, in order to leave her schedule open for court and will be replaced by Katherine Heigl.

We'd love to ask if she objects to Aubry's recent dating record or something, but we'll leave it up to the courts.

(Originally published Jan. 31, 2010, at 5:50 p.m. PT)

WATCH: Fashion Police unravels Halle's Golden Globes look

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