Richie Buxo / Splash News 1 / 5
Richie Buxo / Splash News 1 / 5

Gabriel Aubry isn't going down without a fight.

One day after Halle Berry announced she was pulling out of a movie ("New Year's Eve") to focus on "custody issues" related to her two-year-old daughter Nahla, Aubry's rep at Wilhelmina Models released a statement on his behalf.

"While Gabriel is disappointed in Halle's decision to falsely malign him publicly and for her own purposes, he refuses to be pulled into her dispute over a canceled film production," his rep told Access Hollywood. "Gabriel also refuses to air their issues in the press as he believes this may ultimately harm their daughter. The fact is that Gabriel is a caring father who shares custody of Nahla."

"Gabriel fully believes that a consistent and balanced living situation and two loving parents are crucial for their child even if Ms. Berry feels otherwise," his rep continued. "He will always defend his rights as a father and will always consider Nahla's best interest. Halle's continuing allegations in the press are untrue and irresponsible."

The 44-year-old Oscar winner's rep previously told that Berry had "attempted to resolve these custody issues amicably with her daughter's father...but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."

Up until recently, the ex-lovers appeared to be amicably co-parenting in the wake of their April split. But on December 30, Aubry asked the courts to be formally recognized as Nahla's father and to establish shared custody.

"Halle has always made the needs and safety of her daughter her first priority," her rep told Us Monday. "Halle has only acted in her daughter's best interest."


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