It was full steam ahead with divorce proceedings yesterday after Tom Cruise was spotted lunching with his lawyer.

The Mission Impossible star was all smiles as he left a Malibu restaurant following the meeting, despite his on-going divorce battle with Katie Holmes.

Earlier this month, Tom spent a few days with his daughter Suri, who was yesterday seen dining out with her mother back in New York.

The pair spent some QT together, after Katie cancelled her first public appearance since the news of the split was announced last month.

According to reports, Tom has annoyed Katie but trying to be seen as the 'fun' parent in the divorce, while Katie tries to instill routine in their six-year-old daughter.

A source told Look magazine: "He's always spoilt Suri. But now he's likely to be redoubling his efforts because he misses her... What that means for Katie is that while she's trying to instil a routine and introduce more discipline, Tom could swoop in with a fun-only policy."

Tom is also said to be looking for properties in New York, in a bid to be closer to Suri.

He currently resides in Beverly Hills, Los Angeles with his two other children Isabella, 19, and 17-year-old Connor, but has been looking at buying a base in either Westchester County, Stamford or Greenwich.

A source told the New York Daily News: "He wants something extremely secluded where Suri can play without paparazzi watching. There are lots of them in these towns."

> IN PICS: TOMKAT - A HISTORY OF AWKWARD PDAs

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• A vein bulges in Cruise's temple as his wife looms in for a kiss

• 'Maybe if I turn my head this way...'

• 'I'm up here Tom...'

• TomKat put on an excruciating display for the press

• 'Missed me!'

• 'Let's try that again...'

• Katie gets Tom in a headlock

• Next time open your eyes, Tom

• Had to sneak this one in...

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