Halle Berry's split with Gabriel Aubry is getting ugly. The Oscar winning actress is taking Aubry to court to fight for custody of their two-year-old daughter Nahla, and she has some harsh things to say about her ex.

According to UsMagazine.com, Berry has gone so far as to clear her schedule by pulling out of the upcoming film 'New Year's Eve.' "Halle Berry was forced to pull out of a film production in New York this week due to pending custody litigation involving her daughter," her rep said. "She 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."

Berry's rep added that the 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."