Gabriel Aubry and Halle Berry

Halle Berry has dropped out of a film to prepare for a custody fight for her daughter.

The Oscar-winning actress (for 2001's Monster's Ball) was scheduled to film New Year's Eve this week in New York, but pulled out "due to pending custody litigation involving her daughter," her rep said in a statement. Katherine Heigl will replace her, according to The Hollywood Reporter.

Check out photos of Halle Berry

Berry and model Gabriel Aubry, who split in April after four years of dating, have a nearly 3-year-old daughter, Nahla. In December, Aubry filed papers seeking joint custody and to be formally recognized as Nahla's father.

"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 said. "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."

Gabriel Aubry "sad" over split with Halle Berry

A date for the custody hearing was not revealed.

"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," her rep added.