Halle Berry attends a special screening of 'Frankie & Alice' in New York in November last year. (AP Photo/Peter Kramer, file)
A spokeswoman for the Oscar-winning actress says Berry backed out of a role in "New Year's Eve" that was scheduled to shoot in New York this week "due to pending custody litigation involving her daughter".
Publicist Meredith O'Sullivan did not say where or when the custody case would be heard.
Berry and her ex-boyfriend, Gabriel Aubry, have a daughter, Nahla, who will turn 3 in March.
Attempts to reach Aubry were unsuccessful.
