Gaunt Halle Berry puts on a brave face as the bitter custody war over her daughter rages on

Gaunt Halle Berry puts on a brave face as the bitter custody war over her daughter rages on - It has been a difficult couple of weeks for Halle Berry and it appears the strain may have taken its toll.

The 44-year-old actress was noticeably gaunt as she stepped out for lunch in Los Angeles .

However, she put on a brave face as the bitter legal war with her ex-boyfriend Gabriel Aubry over the custody of their two-year-old daughter Nahla continues.

Media frenzy: Halle Berry continues her day to day routine despite her current legal battle over her daughter, seen here in Los Angeles yesterday

Halle was minus her daughter as she went to grab lunch at Pane e Vino Trattoria, an Italian eatery in West Hollywood.

Wearing black jeans and knee high boots with a cosy looking grey sweater over the top, the actress kept her face covered with a pair of oversized aviator sunglasses.

She seemed relaxed and content as she made her way out of the restaurant to her waiting car, accompanied by a female friend, despite the media circus waiting for her.

Just yesterday, reports surfaced suggesting the custody battle between the former model and the Oscar winning actress had turned into an argument about race.

Relaxed: The actress appeared content as she left Pane e Vino Trattoria, an Italian eatery in West Hollywood

Halle has said she considers her daughter Nahla to be 'black'.

Her comment emerged a week after the fight between Berry and her ex boyfriend Gabriel Aubry over the two-year-old turned ugly.

It was alleged by multiple sources that the French-Canadian model once used a racial slur against the actress, calling her a 'n*****.'

And Aubry reportedly 'went nuts' whenever anyone would refer to their daughter as 'black'.

Proud mother: Halle Berry with her daughter Nahla earlier this month

The Oscar-winning actress, 44, tells Ebony magazine 'I feel like she's black. I'm black and I'm her mother and I believe in the one-drop theory.'

The 'one-drop theory' refers to the controversial racial classification of African-Americans that determined who was black in the US.

Cover girl: The actress appears on the latest issue of Ebony magazine

Although it was only made law in the early 20th century for decades before that it was used in some states to determine who was black, regardless of how many white ancestors they had or even if they looked Caucasian.

It varied from state to state but sometimes even if someone had one great-great grandparent that was black and the rest of their ancestors were white, they were still considered black.

When asked to define her daughter's race, Berry - who has both white and African-American heritage - tells Ebony: 'What I think is that that's something she's going to have to decide.

'I'm not going to put a label on it. I had to decide for myself and that's what she's going to have to decide - how she identifies herself in the world.

'And I think, largely, that will be based on how the world identifies her. That's how I identified myself.

'But I feel like she's black.'

This is at odds with a report on website TMZ which alleges the French-Canadian model did not like his mixed-race daughter being identified as black .

Custody battle: Berry and her ex boyfriend Gabriel Aubry are currently locked in a feud over their two-year-old

Sources connected with the former couple told TMZ: 'Whenever Gabriel would read a story about Nahla that referred to her as "black," he would go off, insisting his baby was white.

Family: Halle with her mother Judith Hawkins

'Gabriel would tell Halle and others they should demand a "retraction" when such references were made regarding his daughter.'

Aubry, 34, has not yet responded to the allegations.

Berry says that she struggled to determine her own racial identity. Her parents had a turbulent relationship and, while being raised by her white mother, the actress sees herself as being black.

She says: 'I identify as a black woman, but I've always had to embrace my mother and the white side of who I am, too.

'By choosing, I've often [wondered]: "Well, would that make her feel like I'm invalidating her by choosing to identify more with the black side of myself?"'

Ironically Berry - who is currently dating French actor Olivier Martinez - speaks about interracial relationships.

She says: 'Well, first thing I want to say is that I'm very connected to my community and I want black people to know that I haven't abandoned them because I've had a child with a man outside of my race and I'm dating someone now outside of my race who is Spanish and French.

'I have never been more clear about who I am as a black woman.

'The people I have dated sort of hold up a mirror to me and help me realise more of who I really am.'

Last week Berry pulled out of the movie New Year's Eve to focus on her legal battle with Aubry.

Tellingly she says in the article: 'Being a mother is probably the most important thing in my life right now.

'Career is important, but nothing really supersedes my role as a mother. That's the most important thing I'm going to do in this life at this point.' ( dailymail.co.uk )