According to TMZ.com, a judge has ruled in favor of Halle Berry, 44, taking 2-year-old daughter Nahla to New York where she is filming a movie. The judge disagreed with Gabriel Aubry’s argument that Halle’s work was prohibiting him from co-parenting their child.

As a result, Aubry, 34, withdrew his custody petition in court today, but he is moving forward with his request for child support from Halle. Men can be Gold diggers too:

Sources tell TMZ … Gabriel was trying to block Halle from going to NYC to shoot “New Year’s Eve” — the movie from which she withdrew in order to deal with her custody issues over Nahla.

After hearing arguments this morning from both sides — as Halle looked on — the judge gave her the green light to travel to New York with her kid. We’ve learned she won’t take back the role that was given to Katherine Heigl, but she’ll play another character in the movie.

Halle’s lawyer, Neal Hersh, tells TMZ, “We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue.”

Hersh added, “Halle is very pleased with the judge’s order.”