Gabriel Aubry is taking the high road.
"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 at Wilhelmina Models said in a statement Tuesday, referring to Berry's decision to pull out of New Year's Eve in order to, according to her camp, clear her schedule for a looming custody battle.
"Gabriel also refuses to air their issues in the press as he believes this may ultimately harm their daughter," continued the statement, which was first obtained by Access Hollywood. "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. 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."
Aubry filed for joint physical and legal custody and spousal support on Dec. 30, his petition also requesting that the court officially recognize him as Nahla's biological father.
Berry's rep said in a statement yesterday that, "given [Aubry's] lack of cooperation, Halle has no choice but to seek swift judicial intervention."
"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 rep also said.
Hmm, what went wrong?
In an interview for Vogue's August 2010 issue, given after she and Aubry split up, Berry had nothing but wonderful things to say about the 34-year-old model.
"We're still friends, we love each other very much, and we both share the love of our lives," she said. "And while it was not a love connection for us, he was absolutely the right person to have this child with because she is going to have an amazing father."
(Originally published Feb. 1, 2011, at 5:05 p.m. PT)