Halle Berry appears to have the upper hand in her custody dispute with her ex, Gabriel Aubry. TMZ.com reports that the actress received permission Wednesday to take their daughter Nahla with her to New York City to shoot a film. Berry's lawyer, Neal Hersh, says his client is "very pleased with the judge's order," and adds, quote, "We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue." Halle's going to New York to appear in the film "New Year's Eve." She had originally dropped out of the project because of her custody battle. While the role she was initially offered has now gone to Katherine Heigl, Berry will be cast as another character. The Oscar winning star is expected to leave for New York City with Nahla "soon."
Gabriel, meanwhile is no longer battling for his daughter with a custody petition. He's reportedly changing tactics and plans to fight Berry for custody through a paternity action.