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WEST HOLLYWOOD, CA - FEBRUARY 22: Actress Halle Berry (R) and Gabriel Aubry arrive at the 2009 Vanity Fair Oscar Party hosted by Graydon Carter held at the Sunset Tower on February 22, 2009 in West Hollywood, California. (Photo by Michael Buckner/Getty Images) *** Local Caption *** Halle Berry;Gabriel Aubry
Berry, 44, dropped out of production for the Garry Marshall-directed film last month after Aubry, 34, filed a custody petition. Aubry, a Canadian fashion model, dropped his petition but plans to file a paternity action that would legalize his relationship with his two-year-old daughter.
Berry's attorney, Neal Hersh, was happy with the outcome.
"We are pleased the judge took the time to deal with this very imminent and important issue," he said in an interview with TMZ. "The judge read a great deal of paperwork and gave us time to argue."
He added, "Halle is very pleased with the judge's order."
Berry's role was recast for Grey's Anatomy's alum Katherine Heigl. In her new role, which has less screen time, Berry will play a nurse.