Gabriel Aubry, Halle Berry

Jason Merritt/Getty Images; MARK RALSTON/AFP/Getty Images

Gabriel Aubry blinked first.

Halle Berry's ex-boyfriend withdrew his custody petition Tuesday, paving the way for Berry to head to New York with daughter Nahla in tow to shoot the ensemble romcom New Year's Eve.

Not that she can forget about old acquaintance just yet...

Though he withdrew his bid for joint custody and child support, Aubry is still pursuing a paternity action against Berry, a family court matter that will be sealed to the public.

Berry was in a Los Angeles courtroom today to hear the judge's ruling on whether she should be allowed to take Nahla cross-country and lawyers for both sides met with the judge in chambers. She pulled out of the Gary Marshall-directed film last month after Aubry first filed for custody, assuming she would be too busy fighting her ex in court to shoot the movie.

Things indeed were looking increasingly nasty, with Berry's rep claiming that the Oscar winner was concerned about her daughter's well-being when Aubry looked after her for long periods of time, and Aubry's camp firing back that Berry's allegations were "untrue and irresponsible."

Then came Berry's revelation that she only thought of her daughter as black and not biracial, along with reports that Aubry had a major problem with that...

Let's just say, yay for withdrawing custody petitions.

And though New Line Cinema tapped Katherine Heigl to replace Berry after she jumped ship, they have found another role for her to fill, that of "Nurse Aimee."

—Additional reporting by Whitney English

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