Gabriel Aubry Files Request For Dismissal Of Custody Petition; Halle Berry Reportedly Rejoining Cast Of 'New Year's Eve'

Gabriel Aubry has filed a request for dismissal of his petition to establish custody of his and Halle Berry’s 2-year-old daughter, Nahla, Access Hollywood has learned.

According to papers obtained by Access on Wednesday, the model filed the request at the Los Angeles Superior Court on Tuesday, after the former couple spent the day in court for a closed hearing.

In related news, Halle Berry has reportedly re-joined the cast of Garry Marshall’s upcoming film, “New Year’s Eve,” which she pulled out of last month due to the brewing custody battle over Nahla, according to The Hollywood Reporter.

Halle was reportedly granted approval from a judge today to take Nahla to New York where the film will be shot, according to the site.

Access has reached out to reps for both Berry and Aubry, but has not yet heard back at this time.

As previously reported on AccessHollywood.com, it was back in May 2010 that news first surfaced that a custody battle between the former couple was brewing. Radar Online reported then that Aubry was looking into his legal options regarding his daughter as Berry was preparing to head to South Africa to shoot a film.

Back in December, Aubry filed paperwork in Los Angeles Superior Court, asking the court to formally recognize him as the father of Nahla. People reported the filing in mid-January.

The model also reportedly asked the court to legally establish joint custody of the toddler between the former couple.

Berry and Aubry’s split was first revealed in May 2010. At the time, her rep told the press, the couple had “split some time ago.”

A few months later, Berry told Vogue that the two were “still friends” and remained a family of sorts.

“We were meant to bring this amazing little person into the world. And I think that’s why we came together. And because of that, we are going to be together forever,” she said at the time. “We are a family until we are not here anymore.”

The couple met and began dating following a Versace photo shoot in 2005.

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