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OTRC: Katie Holmes' lawyer denies she petitioned for emergency hearing

Katie Holmes and daughter Suri Cruise arrive at Narita International Airport in Narita, east of Tokyo, Sunday, March 8, 2009. (Itsuo Inouye)

Katie Holmes' lawyer denies that the actress petitioned for an emergency hearing in her divorce from Tom Cruise.

"The reports are incorrect. There is no such filing at this time," Holmes' attorney, Jonathan Wolfe told OnTheRedCarpet.com in a statement. "Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption."

The rumor was started by HollywoodLife, who claimed that Holmes filed "a motion seeking temporary emergency relief, which can include child support and custody."

The entertainment site claimed that the hearing would require that the couple have an open court room, allowing the public to hear the gritty details of the divorce proceedings.

The filing, made on June 28, had reportedly come as a "complete surprise" to the actor, who was in Iceland shooting the sci-fi flick "Oblivion." Cruise's attorney said the actor is concentrating on his children. Cruise and Holmes share a 6-year-old daughter, Suri, and the actress is seeking full custody of the child.

During Cruise's 50th birthday on Tuesday, Holmes and Suri were photographed smiling at an ice cream parlor in New York. Meanwhile Cruise spent his big day in California with his extended family and adopted kids.

Cruise had planned to celebrate his 50th birthday in Iceland with Holmes, 33, but flew to California instead, according to People magazine. The pair has several homes, including a mansion in Beverly Hills.

Cruise and Holmes were married in a Scientology ceremony in 2006 in Italy. This was her first marriage and Cruise's third - he was previously married to actress Mimi Rogers between 1987 and 1990 and to actress Nicole Kidman. The two wed in December of that year and divorced in 2001. They have two adopted children - Isabella, 19, and his son Connor, 17.

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