Halle's personal drama is kind of irrelevant to this. Patrick Stewart hinted at returning months ago, so it's clear the casting has been under-way for a while. If Storm is in the script they will have checked Halle's availability the same time as everyone else. They may have even enquired about the cast availability during the early scripting stage. A deal may already be in place, just unannounced, and this drama won't matter in July 2014.