Halle Berry Wins Round in Custody War With Ex Gabriel Aubry

USMagazine, Thursday, February 17, 2011, 6:02am (PST)

The war's not over, but Halle Berry just won a battle in her ugly custody dispute with ex Gabriel Aubry over their daughter Nahla, 2.

Berry, 44, appeared in an L.A. court on Wednesday for an emergency hearing, in which a judge granted the Oscar-winner permission to travel across the country with her little girl in order to shoot a film, TMZ reports.

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Two weeks ago, Berry had dropped out of the flick New Year's Eve because Aubry, 35, wouldn't allow his daughter to travel with Berry to NYC for the shoot. (Katherine Heigl replaced Berry in the film.)

Berry still won't appear in New Year's Eve, but will shoot another project, Nurse Aimee in the Big Apple, according to Radar.

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"We are pleased the judge took the time to deal with this very imminent and important issue," Berry's lawyer Neal Hersh said. " The judge read a great deal of paperwork and gave us time to argue. Halle is very pleased with the judge's order."

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French-Canadian model Aubry has withdrawn his petition for custody and child support. Radar reports that the judge stipulated that Berry must allow Aubry to visit with Nahla while she's in NYC.

The couple split last spring -- in what was at first an "amicable" parting -- after five years together.

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