hallepix460WM.jpgNahla Aubry car Gabriel Aubry custody battle halle berry

Now that Hally Berry and ex beau Gabriel Aubry have made their custody fight public, the Oscar-winning actress has been laying low. After baby Nahla was picked up from Aubry's house, Halle paid a visit to her mom.

The actress recently pulled out of the big budget romantic comedy New Year's Eve because she was concerned about leaving her 2-year-old daughter in Los Angeles with Aubry while she filmed the flick in New York, according to People.

In Halle's contract for the movie, New Line production would pay for Aubry and Nahla to accompany the actress to NY during the two weeks of filming, however Aubry decided not to go, adds the source.

"When Gabriel refused to go, that became a factor in her decision to pull out of the film because she didn't feel right leaving Nahla. No job is that important to Halle. Nahla comes first," the source tells People.

As X17online previously reported, the 44-year-old actress recently released a statement alleging she was forced to pull out of the movie deal due to "custody issues" and that she "has serious concerns for her daughter's well-being while in the care of her father."

Gabriel Aubry's camp fired back with a statement claiming the model was "disappointed" with how Halle is handling the issue. On December 30, 2010, Aubry filed papers asking the court to formally recognize his paternity and grant a court order giving him and his ex joint custody over Nahla.

Nahla turns three on March 16th.

See the photo shoot that ignited Halle and Gabriel's love affair after the jump ...