Halle Berry Pulls Out of 'New Year’s Eve' Due to Custody Battle; Replaced by Katherine Heigl

Halle Berry Globes Wave 2011
Jason Merritt/Getty Images

BEVERLY HILLS, CA - JANUARY 16:  Actress Halle Berry arrives at the 68th Annual Golden Globe Awards held at The Beverly Hilton hotel on January 16, 2011 in Beverly Hills, California.

Berry was scheduled to film the New Line rom-com in New York this week.

Halle Berry has pulled out of New Line rom-com New Year's Eve as she prepares for a custody battle over her young daughter, her spokeswoman said Monday.

Berry was scheduled to film in New York this week but pulled out "due to pending custody litigation involving her daughter," her publicist Meredith O'Sullivan said. (Katherine Heigl is now replacing Berry.)
O'Sullivan did not say where or when the custody case would be heard.
Berry and her ex-boyfriend, Gabriel Aubry, have a daughter, Nahla, who will turn 3 in March. Last month, Aubry asked the court to formally recognize him as Nahla's father and grant him joint custody.
In a statement, O'Sullivan said Berry has attempted to resolve 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. 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."