Katie Holmes Not Seeking Emergency Hearing, Lawyer Says

07/04/2012 at 05:40 PM EDT

Tom Cruise Divorce: Katie Holmes Not Seeking Hearing, Lawyer Says
Katie Holmes
Charles Guerin/ABACA

Tom Cruise

Tom Cruise

Katie Holmes's lawyer is denying reports that the actress wants an emergency hearing on custody and child support in the Tom Cruise divorce.

"Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption," her lawyer Jonathan Wolfe says. An anonymous caption means that the papers in the case are filed anonymously.

The statement is response in to online reports that Holmes, 33, on Tuesday filed what is called an emergent application that could have resulted in a public hearing in a New York court.

Since her surprise filing last week – in which Holmes, 33, reportedly asked for sole legal custody of their daughter Suri, 6 – Holmes has remained in New York with Suri.

Cruise, who hasn't filed any legal papers yet, flew from Iceland to Los Angeles, where he spent his 50th birthday with his older children, Isabella and Conner.

A source close to the case tells PEOPLE Cruise prefers to file in Los Angeles, which he considers his home base. Also, despite having a New York apartment, the family primarily spent time in the Big Apple for work or outings like Broadway plays, says the source.

"They don't live in New York City," says the source. "It's ridiculous."

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