updated 01/31/2011 AT 5:00 PM ET
•originally published 01/31/2011 AT 5:25 PM ET
Halle Berry says she’s preparing to go to court with her ex Gabriel Aubry over custody of their 2 ½-year-old daughter Nahla.
“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,” the actress’s rep tells PEOPLE.
To clear her schedule for custody litigation, Berry, 44, pulled out of the film New Year’s Eve, set to start filming this week in New York. She’s being replaced by Katherine Heigl.
“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,” her rep says.