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Score one for Halle Berry. The actress was in a LA Superior courtroom Wednesday to talk about her custody drama with Gabriel Aubry over their nearly 3-year-old daughter Nahla.

As you know Berry and Aubry are pissed at each other over angry emails, text messages and voice-mails and an ugly accusation of racism.

Aubry filed papers Tuesday in the same court to dismiss the custody case where he wanted to be legally recognized as the father of the young girl.

BMS has learned that Aubry didn’t want her to take the baby to NEW YORK. He wanted the baby to stay with him in L-A. Halle was still reeling over him dating Kim Kardashian and told him she wanted the baby to go with her as she has in the past. She even offered to fly him to NYC and pay for his expenses so that there would be no drama. Sources say Aubry reportedly said “Why the hell do I have to follow you, she’s my daughter too and I should be allowed to hang out with her here in L-A.”.

Well the judge disagreed with baby daddy and told Halle she could take the baby to NYC with or without him. Halle has been given another part in the “New Year’s Eve” movie after she pulled out last month.