Katie Holmes enjoyed an outing with daughter Suri Cruise on Tuesday

Tom Cruise's lawyer Bert Fields says the actor will keep silent about his split from Katie Holmes and won't 'play the media' in the same way as his ex.

The comment comes 2 days after Katie, 33, was photographed taking the couple's 6-year-old daughter Suri out for ice cream in New York.

'We are letting the other side play the media until they wear everyone out, and then we'll have something to say,' says Bert.

'It's not Tom's style to do this publicly. He is really sad about what's happening.'

Katie filed for divorce in New York rather than
California because she's more likely to receive sole custody of Suri there.

During their outing to the ice cream parlour - which fell on Tom's 50th birthday - the actress wore poppy-print shoes which matched her daughter's summer dress.

This is a move that one relationship expert says 'reveals a significant desire to show the strength of mother-child bonding'.

'Katie was sending out the message: "I'm not hiding, I'm not scared, we're okay without you and I am prepared to fight you,' a source tells The Sun.

'She knew what kind of impact it would have.'

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SEE PICTURES Katie Holmes enjoys a day out with daughter Suri Cruise in New York>>

Anna Duff