The Oscar-winning actress - who split from the 35-year-old model last April after almost five years together - has "serious concerns" for the welfare of the couple`s two-year-old daughter Nahla when she is under the watch of her father, and is preparing to "seek swift judicial intervention".
A statement released by Halle`s representative said: "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
"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."
In order to prepare for the impending custodybattle, the 44-year-old star has pulled out of her new movie `New Year`s Eve` - which was due to start shooting this week - and has been replaced by Katherine Heigl.
The statement added: "HalleBerry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter.
"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."