Academy Award-winning actress Halle Berry has pulled out of her role in the upcoming film 'New Years Eve', to focus on winning custody of her two year old daughter Nahla with gorgeous model Gabriel Aubry.

"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's rep told PEOPLE.

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

If you're still holding out hope that Halle Berry and Gabriel Aubry are one big happy family, we have some bad news: this gorgeous twosome really has parted ways.

"While I will not comment on all of the wild inaccuracies being speculated about in the media, I am sad to say that Halle and I have decided together to separate at this time," Aubry confirmed in a statement to Access Hollywood.

Amicable split aside, Aubry made known that he and his Oscar-winning ex will always put their 2-year-old daughter Nahla first.

"Her happiness and well-being are the most important thing for both of us," explained the model, who also have nothing but praised for his longtime love Berry, saying: "She is, and will forever be, one of the most special and beautiful people that I have ever known, and I am certain that we will continue to have only love and respect for one another.

"Please respect our privacy during this very difficult time."

Halle Berry's rep has yet to release a statement on the split, but her attorney Judy Bogen said in a statement on Friday, "They are doing well and working in the best interest of their daughter."