05/07/2012 05:54 BST | Updated 05/07/2012 10:41 BST

Katie Holmes Denies Filing For Emergency Custody Of Suri In Tom Cruise Divorce Battle

Katie Holmes has denied reports she filed for emergency custody of daughter Suri amidst her divorce battle with Tom Cruise.

katie suri

Katie seen with Suri earlier this week

The star was said to have filed papers for an 'emergent application' to ensure Suri remained in her care and she also received child support from Tom.

But her lawyer Jonathan Wolfe has denied the claims, telling People: "Other than her action for divorce, the only pending application filed by Ms Holmes remains her request for an anonymous caption."

A source had previously told Hollywood Life the couple were due to come face-to-face for the first time at a court hearing on 17 July, following Katie's supposed application.

katie holmes

Katie has also made her first public comment on the divorce as she went shopping for groceries with Suri yesterday.

When she was asked by a reporter how she was following the break-up, she replied: "I'm alright. Thank you."

Earlier this week, Tom celebrated his 50th birthday and after flying into LA from Iceland where he is filming, he spent it in the company of his children Isabella and Conner, who he adopted with ex-wife Nicole Kidman.

According to People, he was due to spend the occasion with Katie and Suri until she made the shock decision to file divorce papers last Friday.

SEE ALSO: TomKat: A History Of Awkward PDAs (PICTURES)

A source told the magazine: "The plan was to spend his birthday with Katie and Suri (in New York City).

"Then they were going to fly to California where he is going to finish Oblivion and spend time there."

Tom is yet to file any papers, as he reportedly wants to do so in LA as opposed to New York where Katie filed hers.

He is being represented by top LA divorce lawyer, Dennis Wasser.


Tom Cruise & Katie Holmes