Feb 1, 2011 10:58 GMT  ·  By

After weeks and weeks of speculation on how the breakup between actress Halle Berry and model Gabriel Aubry was anything but friendly, her rep confirms for People magazine that she’s moved to take him to court over custody of baby Nahla, who is 2 and ½ years old.

Halle’s publicist confirms for the magazine that, indeed, the Oscar-winning actress has taken the necessary steps to see that she gets full custody of Nahla because she believes this would be in the child’s best interest.

Admittedly, Halle thinks Gabriel is not a suitable father, therefore she’s asking for full custody of 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’ publicist says for People.

The move comes on the heels of Aubry’s petition to have the court recognize him as the father of Nahla, also presumably in a bid to get full custody of her.

If Halle’s latest move is any indication in this sense, she’ll not be letting this go without a proper fight.

“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,” the publicist explains.

It’s now known yet which these issues are or how come they make Nahla’s spending more time with her father detrimental for her. Berry’s rep insists the child’s best interest is what motivates the actress to take this step.

“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,” the same statement to People reads.

To prepare for the imminent custody battle, Halle Berry has dropped out of “New Year’s Eve,” which was supposed to start shooting soon. She’s already been replaced by Katherine Heigl.