(Cover) - EN Showbiz - Halle Berry has dropped out her new movie to prepare for her custody battle for her daughter.

The 44-year-old actress was due to begin filming New Years Eve the follow up to romantic comedy Valentines Day in New York later this week. However, she has decided to clear her schedule so she can focus on the dispute with her ex-boyfriend Gabriel Aubry over their two-year-old daughter Nahla.

"Halle Berry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter," a representative for the star said in a statement. "She has attempted to resolve these custody issues amicably with her daughters father, Gabriel Aubry, directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."

In December, 35-year-old Gabriel filed papers asking to be formally recognised as Nahlas father and requesting shared custody of the child. The move sparked surprise as the pair had previously been seen amicably co-parenting in public following their split in April last year.

The actress has now claimed she has concerns about sharing custody with the model.

"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," the representative added. "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.

Katherine Heigl is believed to have replaced Halle in New Years Eve. Other stars linked to the movie include Michelle Pfeiffer, Zac Efron, Robert De Niro, Hilary Swank, Sarah Jessica Parker, Lea Michele, Abigail Breslin and Sienna Miller. (C) Cover Media