Halle Berry plans to take matters to the courts in regards to custody of her two and half year-old daughter Nahla.

A rep of Berry’s told PEOPLE magazine that the 44 year-old 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.”

Berry is putting work on hold to take care of family business. She dropped out of the film “New Year’s Eve”, which was scheduled to begin filming this week in New York City this week. She was replaced by Katherine Heigl.

“Halle 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 break-up, Halle has only acted in her daughter’s best interest,” her rep said.

Berry is planning to take legal action against her ex Gabriel Aubry, who filed court papers on December 30 to gain custody and recognition as Nahla’s father. The couple split in April of last year.

“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.”

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