Halle Berry Wins First Round in Custody Battle

A judge grants the actress permission to bring daughter Nahla with her to N.Y.C. while she films New Year's Eve

Exes Halle Berry and Gabriel Aubry might have agreed to a cease-fire in their public bashing of one another -- but that doesn't mean that everything's suddenly hunky dory in their custody battle for daughter Nahla, 2. According to TMZ, the pair headed to court on Wednesday for an emergency hearing in the case -- and, while the judge decided in Berry's favor, it appears that both parties came out winners.

Berry is the clear victor, with the judge granting the 44-year-old actress permission to take Nahla with her to New York City while she films the ensemble romantic comedy New Year’s Eve. But things aren't looking so bleak for Aubry, either. RadarOnline.com reports that although the judge ruled in Berry's favor, he also granted Gabriel visitation rights, stipulating that Berry could only film the movie if Aubry, 35, were allowed to travel to N.Y.C. to spend time with Nahla.

According to Radar, the result is that Aubry will indeed follow Berry and Nahla to the Big Apple (on his own dime). But, more importantly, Gabriel has agreed to withdraw his petition for custody and child support -- though his paternity suit remains in play.

Berry had previously dropped out of New Year's Eve, Garry Marshall’s thematic sequel to Valentine’s Day, because she needed to be present in custody hearings, making it clear she didn't want Nahla in Gabriel's care because she had "serious concerns for her daughter's well-being while in the care of her father for any extended period of time and (was) prepared to take all necessary steps to protect her."

The film was said to be the catalyst that led to the seriously nasty public back-and-forth between Halle and Gabriel, even though the model "(refused) to be pulled into her dispute over a canceled film production."

Actress Katherine Heigl was brought on to replace Halle, but according to TMZ, the Monster’s Ball star is signed on to the film once again. Heigl will still play Halle's original part, with Berry now tackling the smaller part of "Nurse Aimee."

Halle's lawyer, Neal Hersh, said the single mom "is very pleased with the judge's order." And so are we. While it's likely that the squabbling isn't completely done, at least it looks like things are moving in the right direction. So keep your fingers crossed, for Nahla's sake.

Do you agree with the judge's decision to let Halle Berry take her daughter to New York while filming? Chime in below!

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