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Berry's rep told PEOPLE the actress 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." Balderdash says Aubry, who in December filed court papers to establish paternity of the tot.

“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," Aubry's rep said in a statement.

The pair have been keeping their relationship under wraps until recently when the proverbial cat got out of the bag.According to NY Post reports: “It is with a heavy heart that we have come to [this] decision,” Berry and Martiznez said in a joint statement.“We move forward with love and respect for one another.” But if Berry’s past — and the aggressive divorce lawyers each has hired — is any indication, the parting will be anything but amicable.PHOTOS: Model Wives “This is all about Halle not being able to control and manipulate Gabriel, therefore she’s hitting him where she knows it will hurt most – holding his daughter away from him.” Radar was the first to report on the couple’s split last April and then to report that things were turning nasty despite other outlets’ reports to the contrary.Things are heating up in the custody battle between actress Halley Berry and her ex-boyfriend, model Gabriel Aubry.

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