Katie filed for the divorce in New York because she believes she has a better chance of winning custody, but Tom has been encouraged to file in California.

A source said: "Tom has told Dennis Wasser and Bert Fields, his long-time entertainment lawyer, that his first priority is getting a court order in place, obviously a temporary one, that will allow him to legally see his daughter.

"Team Cruise has extensive documentation to prove that Los Angeles is where the case should proceed, because this is where he says they have lived. Tom is extremely disappointed that Katie filed in New York, and he feels that she is trying to cut him out of their daughter's life.

"Tom won't tolerate it and told his lawyers that if he personally needs to go to court and make a plea in front of the judge for an order allowing him to see his daughter, he will."

It is believed Katie wants legal custody because she is worried about Tom's devotion to sci-fi cult Scientology and the effect the quasi-religious sect may have on their six-year-old daughter.

Meanwhile, an interview with Katie from next month's ELLE magazine hints that she may not have been happy in the relationship for some time.

Discussing turning 33, she told the US publication: "I definitely feel much more comfortable in my own skin. I feel sexier. I'm staring to come into my own. It's like a new phase."

Asked about her marriage, she admitted she wanted to focus on herself.

She said: "He has been Tom Cruise for 30 years. I know who I am and where I am and where I want to go, so I want to focus on that."