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Katie Holmes not seeking emergency hearing, says lawyer

Tom Cruise and Katie Holmes in happier times. Photo / AP
Tom Cruise and Katie Holmes in happier times. Photo / AP

Katie Holmes's lawyer has spoken out to deny reports that the actress has filed for an emergency custody and child support hearing.

According to webloid Hollywoodlife.com, Holmes - who last week filed divorce papers to end her marriage to Tom Cruise - had requested an "emergent application" in New York City court.

In her divorce filing on Thursday, former Dawson's Creek star Holmes, 33, has asked for sole legal custody of their six-year-old daughter Suri.

A hearing on the filing had been set for July 17 before Judge Matthew Cooper, according to the report.

A source said: "Katie filed an 'emergent application' in New York City on July 3.

It's a motion seeking temporary emergency relief, which can include child support and custody. It also means that Tom is going to have to hire a New York lawyer - he can't use his California lawyer anymore.

"The motion also means that both Tom and Katie have to be present in court on July 17. A judge is now assigned to their case, which means it's no longer going to be an out-of-court settlement. They are scheduled to appear before Judge Matthew Cooper on July 17 at 9.30am."

The source added: "Katie doesn't anticipate Tom cooperating, and there have been rumours that he's going to file in California and argue that litigation should be there rather than New York. Bottom line: if you file an emergency motion, you don't believe there's going to be cooperation from the other party or you need an order that only the court can give. It might have something to do with trying to control the media. They filed under anonymous verses anonymous to avoid the media. Most celebs do that.

"It's unlikely for a celebrity to file an emergency hearing, because most celebrities settle out of court because they don't want the media involved in their case."

The move would mean that the former couple will "have an open court room, which means that anyone can walk in and see what's happening," claimed an insider.

"It's super-aggressive for Katie to have taken these steps. It suggests that there's going to be a contentious divorce battle to come."

But Holmes's lawyer has denied that an emergency hearing is on the cards.

"Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption," her lawyer Jonathan Wolfe told People.com, referring to the action of filing court papers anonymously.

Cruise is being represented by Dennis Wasser, one of LA's top divorce lawyers.

The actor is yet to file any legal papers, although reports claim he is set to launch rival divorce proceedings in California.

A source told RadarOnline: "Tom will file a response in New York, asking that the divorce proceedings be halted in the Big Apple because California is the proper venue for the matter to proceed. Team Cruise is going to assert that Katie doesn't meet the residency requirements to file in New York, and that both live full time in California, specifically Los Angeles.

"At the same time, Tom will file for divorce in California and will request joint custody of Suri. There is absolutely no way he is going to let Katie have sole custody.

"The lines are being drawn and this is going to shape up as a very contentious custody battle."

Cruise's legal rep Bert Fields has said that Cruise, who was this week named the highest paid actor in Hollywood by Forbes, will eventually file a rival divorce case against Holmes.

He told Radio 1's Newsbeat that he will let Holmes's legal team "play the media" before allowing Cruise to give his side of the story.

"We are letting 'the other side' (Katie and her team), play the media until they wear everyone out and then we'll have something to say," he said.

"Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri."

Fields previously expressed hope that the divorce will "not [be] a contentious matter".

The Top Gun star, 49, and Holmes were married in an Italian castle in November 2006 after a year and a half together.

This was Holmes' first marriage and the third for Cruise, who was previously married to Nicole Kidman, with whom he has two children, and Mimi Rogers.

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