Academy Award winning actress Halle Berry will return to the flick ‘New Year’s Eve’ in the Big Apple, her one time boyfriend Gabriel Aubry has made another move in the custody battle with Berry over their daughter.
TMZ.com reports that Aubry withdrew his custody petition and in turn is filing a paternity action in order to legalize his relationship with his two year old daughter, Nahla.
The case, which is stated won’t be open to the public which unlike the custody petition in theory should lead to a ruling regarding support and visitation.
Berry had dropped out of the movie in January because of the custody situation according to her representative who released a statement to the Daily News. Her original part in the movie was recast with actress Katherine Heigl and Berry will take another role in the flick.
Berry’s attorney, Neal Hersh told the TMZ website that, “We are pleased the judge took the time to deal with this very imminent and important issue,” and he continued, “The judge read a great deal of paperwork and gave us time to argue.”. Hersh went on to say, “Halle is very pleased with the judge’s order.”.