Halle Berry and Gabriel Aubry fighting for custody of daughter

So much for a clean break-up.

Actress Halle Berry and her model ex Gabriel Aubry are preparing to go to court over custody of their two-year-old daughter Nahla. Berry's rep tells People, "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."

Her rep continues, "She has attempted to resolve these custody issues amicably with her daughter's father directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."

Aubry filed court papers asking to be formally recognized as their daughter's father and to establish shared custody back on Dec. 30. The couple separated last April.

Berry's rep says, "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."

In order to make herself available for custody litigation, Berry had to drop out of her upcoming film "New Year's Eve," which is set to start filming this week. Katherine Heigl will be replacing her.