(Cover) - EN Showbiz - Halle Berrys ex-boyfriend says he is disappointed by her reaction to their custody battle.

In December, Gabriel Aubry filed papers asking to be formally recognised as the father of their two-year-old daughter Nahla 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 last year. This week, it was announced Halle had decided to pull out of appearing in new movie New Years Eve as she wanted to focus on her dispute with Gabriel. It was also revealed the actress has concerns about Nahlas well-being when she spends extended periods of time with her father.

Gabriel has now hit back at 44-year-old Halle by releasing his own statement, through his representatives at Wilhelmina Models.

"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 cancelled film production. Gabriel also refuses to air their issues in the press as he believes this may ultimately harm their daughter. The fact is that Gabriel is a caring father who shares custody of Nahla, the representative said in a statement to Access Hollywood. "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."

Halle and Gabriel, 34, dated for over four years before they split in April 2010. After announcing they were no longer together the pair vowed to remain on good terms for the sake of Nahla who turns three next month. (C) Cover Media