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TomKat split: What does it mean for custody battle?

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    Legal panel weighs in on the case

  • Duration 4:48
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Tell escorted back in session on the docket today the Tom Cruise Katie Holmes split.

The star couple last seen on the red carpet back in February and their recent appearances together seemed a bit forced.

They do -- but no big public displays of affection.

And now it's all about their daughter -- With Holmes filing for divorce in New York citing irreconcilable differences in seeking sole legal custody of their daughter she's raised speculation.

That she may be worried about the influence that Scientology's could play in her little girl's life these this is true according to reports.

And she could be looking to cut down not on the cruise control over -- -- -- Joining me now least -- Fox News legal analyst and mark I -- is a former prosecutor now defense.

So TMZ is reporting that the Scientology's thing was a big deal because.

He it it says that she was convinced Tom Cruise is gonna send six year old Syria way to a hardcore Scientology's organization known as sea organization.

Where you ship your kid off as young as five they live there without their parents and they say Tom -- is like I don't Hosni like number three in charge of Scientology's.

Wanted her to go -- Yet know if she could prove -- -- here's an issue.

That it's in the best interest of the child Surrey to be with the mother not the father because of the Scientology's because it's a dangerous thing if you can prove that.

To the court and say look she's of this car park going to be shipped off of this community Iraq might have access to -- it's a dangerous thing for her.

I I the mother need to have custody if she could prove that she'll win.

Market psychology has been described by many including.

My boss's boss as a very weird cult.

And -- many people believe that -- is also the reports it worship a -- I don't know what they do but there's there's a lot of questions about this group.

But Katie Holmes sign on to this did she -- -- that she did at least initially the big issue is going to be it doesn't matter how weird or whether it's a cult or not the issue is going to be.

How it affects his -- action with his child.

And there is an emphasis in California courts to allow for joint custody not a presumption -- -- New York unless.

Well you know what in most courts.

There is a presumption that unless you can show domestic violence child abuse something very specific there's gonna be joined -- but.

Please I can't get past the fact that listen chicken going to court she can say psychology is weird issue watts -- a total cult and ended -- Tom Cruise is the leader.

But now or or high up in the leadership board.

You gotta wonder right butts.

She signed on to which she married him the reports are she converted science talent you -- he was gonna want.

It is I sat so -- so I -- the religion was gonna let the daughter be raised Affleck.

They get it doesn't really -- I guess you sign onto it and that was probably a -- -- I'm sure she's getting -- -- but if she could convince the court that even -- she signed -- -- that right that it's going to have a adverse effect on this child it doesn't matter what Katie -- tried -- -- it matters about -- -- -- that -- I -- I gonna say both the viewers Scientologist.

And the father wants to raise the child a Scientologist.

And now I'm -- overrule it.

I think it is absolutely possible at that.

-- -- -- -- -- -- It is but mark.

Yeah actually I actually agree with at least if she signed on -- a that's one thing the issue right now -- -- -- in the past right now -- What's in the best interest of that child right and if Katie Holmes let's say became aware she increased her level of awareness of what actually happens to a child.

The big issue however is being able to prove it I cannot imagine that she's gonna be able to get any evidence either that doesn't happen -- so closely guarded the secrets that go on.

That there's actually harm to children in the hands of Scientologist.

I just find that very difficult for her to be able to.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- That's you know I mean.

Look we're talking about -- -- people hear me three million to them is not as much as of this all of us okay.

But so so that's aside I think the real issue is going to be the custody of the child.

And if she show and markers right I hate to agree with that.

She's got to be able to prove that there's really going to be harmed with this group not that she's a Scientologist of this academic any lick of difference.

It's what whether it this child will be harmed without focussed.

I have now I think custody judges -- wanna get involved in religion issues and declare as a matter of law that you know Scientology's children.

Can't remain with their parents -- they have another apparent as yet that's what she's got proof and that's we don't know at this -- group higher fuse I don't know we will await our panel thank you both so much we're -- your thoughts on a follow me on Twitter adding Kelly and we right.

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