Tom Cruise and Katie Holmes settle divorce Holmes filed for sole custody of Suri and that is the key issue in the private talks. While keen to avoid a public battle Cruise has made it clear he will not accept being cut out of his daughter's life completely, and will fight in court if necessary. A source close to Holmes told US Weekly magazine the actress is "dead set on keeping custody of Suri," while Cruise was said to be in "major crisis mode" and "on phone with his lawyers 24/7." Holmes' side have said Cruise can spend time with his daughter after he finishes his current location filming in the Rocky Mountains. In the divorce negotiations Homes was said to be "not prepared to compromise" on certain issues regarding Suri, which was belived to include her schooling. Holmes, who wad raised a Catholic, does not want her daughter brought up in the controversial Church of Scientology to which her husband adheres. Meanwhile, in a case of life imitating art Katie Holmes is to star as a single mother raising a child in her latest film. The actress co-wrote and is co-producing the film, called "Molly," and was working on it before her high profile split from Tom Cruise. Filming begins later this month in New York, where Holmes is currently living in an apartment with six-year-old daughter Suri, and is expected to continue through August. Holmes, 33, who signed a prenuptial agreement with Cruise, 50, when they married five years ago, is said to want to "earn her own money." She is also due to make a romantic comedy called "Responsible Adults" in the autumn opposite American actor Chace Crawford, 26, who was once named People magazine's "hottest bachelor." The plot of that film involves a man finding out that the woman he has a crush on was his babysitter 15 years earlier.