Tom Cruise & Katie Holmes Divorce 2012: Holmes Files Emergency Custody Hearing for Suri in New York

By Zanub Saeed

The high-profile divorce of actors Tom Cruise and Katie Holmes has escalated this week, where Holmes filed for emergency custody of the former couple's six-year-old daugther, Suri, and child support hearing in New York.

The paperwork for the emergency custody hearing was filed by Holmes' attorney Allan Mayefsky, reported RadarOnline on Wednesday. The hearing, called an emergent application, has already been set for a July 17 hearing before Judge Matthew Cooper, which Cruise and Holmes are mandated to attend.

"Paperwork regarding Suri's custody was filed yesterday," a source close to the events of the divorce told RadarOnline.

While both parties have been relatively silent regarding the divorce, save the initial statements from their representatives when the divorce was announced this past Friday, Holmes was cornered at her local Whole Foods store this Wednesday by the New York Daily News, and briefly commented on her situation sine the announcement.

"I'm all right," the 33-year-old actress told the Daily News as she pushed a shopping cart carrying the couple's adorable daughter Suri. "Thank you," she said graciously.

Meanwhile, Cruise's party has kept deliberately quietly, and his attorney said this was deliberate as a means to let the support for Holmes to die down before he retaliates with a statement.

"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," Bert Fields, Cruise's attorney, told BBC News this week. "It's not Tom's style to do this publicly. He is really sad about what's happening."

Cruise was reportedly spotted heading back to his home in California from shooting the science-fiction drama "Oblivion" in Iceland this summer, where he planned to celebrate his milestone 50^th birthday. Holmes is in New York City's Chelsea district with daughter Suri, with whom she celebrated the Fourth of July by shopping at Whole Foods for a feast apparently consisting of ground beef, hamburger rolls, strawberries and bananas, noted the Daily News.