Katie Holmes: No Emergency Hearing, but Date Set for Court Showdown With Tom Cruise

Actress has July 17 court date show cause; Cruise has not yet filed for divorce in California, despite reports

By Claudia Rosenbaum, Rebecca Macatee Jul 05, 2012 6:33 PMTags
Tom Cruise, Katie HolmesDave Hogan/Getty Images

Katie Holmes told the New York Daily News Wednesday she's doing "all right, thank you," but that doesn't mean she doesn't have a long road ahead of her.

Despite initial reports to the contrary, there is no emergency hearing scheduled on custody and child support for Suri Cruise. Her lawyer told E! News in a statement that "other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption."

She will, however, face a family court judge July 17 in New York City at an order to show cause hearing. An order to show cause can be filed to request that the court issue a temporary order before the other side responds. It is often used when time is of the essence and when a decision is needed faster than a notice of motion.

Holmes is being represented by two attorneys, Jonathan Wolfe of New Jersey and Allan Mayefsky of New York.

Cruise, 50, has not actually filed for divorce in California, despite previous reports. And while the Mission Impossible star hasn't been seen with his 6-year-old daughter since he and Holmes announced their split, there are unconfirmed reports that he calls Suri "several times a day."

The actor also reportedly opted to fly from Iceland to L.A. instead of NYC on his birthday Tuesday. His reasoning? More unconfirmed sources claim Cruise wanted to avoid the media frenzy that would've undoubtedly ensued were he to attempt to see Suri in the city.