Halle Berry Appears in Court for Custody Battle

02/16/2011 at 06:00 PM EST

Halle Berry Appears in Court for Custody Battle with Gabriel Aubry
Halle Berry and Gabriel Aubry
Alberto E. Rodriguez/Getty, George Pimentel/WireImage

Halle Berry

Halle Berry

Halle Berry made her first appearance Wednesday in Los Angeles Superior Court in her custody dispute with ex-boyfriend Gabriel Aubry.

Berry, wearing a gray striped suit, did not testify in the closed-door hearing. Aubry was not there, but was represented by his lawyers.

The hearing centered on whether Berry could take their daughter Nahla, who turns 3 next month, to New York so the actress could film for a role for New Year's Eve, which Aubry was against, according to TMZ.





"We were very happy with the result today, but because this is a paternity case, I can't say anything about it," Berry's attorney Neal Raymond Hersh tells PEOPLE.

A source tells PEOPLE that Berry is taking a smaller part than the one for which she was first cast, but isn't playing due to the custody fight. That larger role has since gone to Katherine Heigl.

When the hearing was over and Berry, 44, emerged, an onlooker said, "Hi, Halle, good luck," to which the actress smiled and waved.

In December, Aubry petitioned the court to formally recognize that he's Nahla's father and to secure his custody rights.

Berry's rep then issued a statement saying the actress had "serious concerns" for Nahla when in the care of Aubry.

Aubry has withdrawn the publicly filed petition and the case is now proceeding in private.



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