Halle Berry Taking Gabriel Aubry To Court

People Magazine reported yesterday that Halle Berry is taking ex Gabriel Aubry to court to fight for custody of their daughter, Nahla.  Berry’s rep told the magazine, “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.” Apparently the Oscar winner has to tried to resolve custody issues with her ex in the past, but Aubrey was reportedly “uncooperative.”

Berry pulled out of Gary Marshall’s New Year’s Eve to focus on the custody battle.  She will be replaced by Katherine Heigl.  Filming began this week in New York City and stars everyone from Zac Efron to Robert De Niro.

PHOTOS: Halley Berry at the 2010 Golden Globe Awards

To rub salt in the wounds, we’d like to take you back to happier times for Aubry and Berry in April 2007.  Watch how the happy couple strode through LAX sun-kissed and relaxed from a five-day vacation in Cabo San Lucas.  Maybe not so much relaxed as irritated by the paps.  Life’s a trade-off: five-star vacations for a few invasive pictures.  CHEESE.