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"Weak" Virgie Defeated in Court -- Larry Finally Free to Go

4/27/2007 12:26 PM PDT BY TMZ STAFF

Virgie -- LarryThere is no one else standing in Larry Birkhead's way.

Virgie Arthur's last-ditch appeal to block Dannielynn's biological father from leaving the Bahamas with the infant has just been denied. And to add insult to injury, the judge verbally and financially smacked Arthur, calling the appeal "weak" and ordering her to pay $3,000 in attorney's fees for wasting the court's time.

At one point, the judge reportedly said that he was "perplexed" as to why the case even made it into his courtroom.

1058 COMMENTS

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46.

sonja    

Court Rules Against Anna Nicole's Mother
By JESSICA ROBERTSON


Associated Press Writer


NASSAU, Bahamas — A Bahamian court cleared the way Friday for Anna Nicole Smith's ex-boyfriend to leave the island chain with their infant daughter, rejecting an appeal by the mother of the former reality TV star.

The judge ruled that a court in the United State would likely have the final say in the custody dispute between Virgie Arthur and Larry Birkhead, who was confirmed as the 7-month-old baby's father after undergoing DNA testing.


(enlarge photo)
Virgie Arthur, the mother of the late Anna Nicole Smith, pictured outside the Bahamian Supreme Court on the day of a custody hearing, in Nassau, Bahamas, Wednesday, April 25, 2007. Larry Birkhead was proven as the father of Smith's 7-month-old Dannielynn by DNA tests earlier this month, but he still faces a legal challenge for guardianship from Arthur. (AP Photo/Tim Aylen)
Arthur was challenging a judge's decision this week to allow Birkhead to leave the Bahamas with Dannielynn. Her attorneys argued that Birkhead might not return as directed for another private hearing in the case June 8.

"I'm happy because this is nonsense really," Birkhead told The Associated Press outside the courthouse.

Birkhead, a 34-year-old Los Angeles photographer, said he plans to leave for the United States once he fixes Dannielynn's birth certificate to list himself as the father.

In refusing to consider Arthur's application, a three-member appeals panel noted that both she and Birkhead wanted to take the child to the United States.

"So what is the problem, what is the fear? The child is going to the States anyhow no matter who gets custody," Justice Emmanuel E. Osadebay said.

The court also ordered Arthur to pay Birkhead $3,000 in legal costs.

Smith, who gave birth to Dannielynn in the Bahamas in September, died in February from an accidental drug overdose in Florida.

Smith's last companion, Howard K. Stern, who had been listed as the girl's father, patted Birkhead on the back after the ruling and said he was preparing himself emotionally to hand over custody. Stern has been living in the oceanfront home he shared with Smith.

"It's difficult for me, but since Larry made it clear he wanted to be the father, I knew it was inevitable," Stern told The Associated Press. "I just want Dannielynn to have a good life, and I'm confident Larry will give it to her."

Stern said he hopes to be involved in the girl's upbringing but that was up to Birkhead. "I'm not requiring written papers or court orders," he said.

During the hearing, Arthur took notes with a flower-tipped pen in a spiral notebook. "I'm writing prayers," she told AP. "I'm talking to God."

Arthur left the courthouse after the ruling without speaking to reporters.

A lawyer for Birkhead, Emerick Knowles, said his client hopes to leave for the United States once he secures a passport for Dannielynn but plans to return for the hearing in June.

"He'd be silly not to," Knowles said. "He has every intention of complying with the law."

The girl could inherit a fortune if lawyers resolve challenges over her mother's estate in her favor. When Smith died of an accidental drug overdose in a Florida hotel room, lawyers were still wrangling over the estate of her late husband, the Texas oil tycoon J. Howard Marshall II, estimated to be worth more than $1 billion.

Smith gave birth to Dannielynn in September only days before her 20-year-old son Daniel died of a drug overdose at her bedside.


___

April 27, 2007 - 12:17 p.m. EDT

2683 days ago
47.

Karen H    

120. Larry will be back for the hearing because he is better off in the court that tries to hide what is said in the courtroom than he is in the States where everything is reported. She is trying to get a TRIAL. There must be some evidence against him.

So I believe he will return, a wide open court? Who will he be able to sell his leaks to?

Posted at 12:11PM on Apr 27th 2007 by ?

If I am not mistaken Family Court proceedings in KY and Calif. are not open to the public.
I worked in the Family Court of Delaware and have actually seen parents found in contempt of court by the Chief Judge for going to the press and reporting what was said and done in the court room. Are Family Court cases open to the public in your state?

2683 days ago
48.

Whammer Jammer    

She just saw her vision of $$$$$$$$ sail right out the window. Excellent news.

2683 days ago
49.

brandi    

thank god he can finally leave.. Guess you won't be getting the money will you virgie....

2683 days ago
50.

JR    

News FLASH

When Larry steps on American soil he will be arrested for molesting the baby , giving her drugs and for being part of the murders of ANS and the son !

Also a warrant for Howard Stern if he comes to the USA to visit for the murders of both Marshalls and ANS and her son.

2683 days ago
51.

mymy    

I also believe she wanted the little girl not for the Marshall millions but for the money she could make over the years selling photo's of her. I think Larry should have banned her from taking any pictures of the child and should also stop selling photo's of her. The ok magazine shoot made up his loses thus far and it is time to treat this child like a human being and not a commodity. If he continues to do to the baby what was done to he mamma he fate will be sealed.Move to make it by order of the court. A child attormney should step in and protect this little baby. She is no ordinary baby. Vergie can visit with no camera's at her own expense and with the rules of the parent set in stone. And she can send b day gifts and christmas gifts. And everyone should not buy her book. Let her rot in hell. She is the sole reason Anna Nichole Smith is dead. And her attempt to clear her self of any wrong doing by pretending Howard was to blame was false and evil. He was haned the mess fter Virgie was so kind as to blame a child of familial sexual abuse for her problems. May she die alone and penniless. Perhaps Dannilynn will suffer the same fate if left alone with Vergie.

2683 days ago
52.

What    

I think Bonnie Stern was talking about Virgie!

2683 days ago
53.

THAT money??? what money???    

Well, none of you have to be concered about Larry going to Kentucky for residency then... He'll pull an Stern / Anna routine... like they did going to the Bahamas to AVOID Larry having any rights to HIS child. Larry will go to whatever state he can to avoid having to do anything for a grandparent. You can bet on that! He's not above pulling a Stern / Anna routine, at all! Whatever will benefit him the most. What a pitiful way to live.
_____________________________________________

155. Grandparent Issues: Kentucky

Grandparent Rights to Visitation: Visitation may be granted if the court determines that the visitation is in the best interest of the child. Chapter 405, Section 021 (KRS §405.021).

Virgie can only SUE in Kentucky for the RIGHT to visitation, and the Statue cites it is """ BEST INTEREST OF THE CHILD """"

Posted at 12:26PM on Apr 27th 2007 by A Mamaw in Kentucky

2683 days ago
54.

CAW    

"It ain't over until the fat lady sings"

Sorry Vergie no disrespect intended. Just sending a message. Come back home Virgie and get the ball a rolling! The enablers has NOT been punished yet!

Make HKS's life more miserable then he has ever experienced! Hold him and his enablers accountable.

Goooooooooooooooooo Mr. Quinn.....Show them what Texans can do!!!!!!!!!!!!!!!!

2683 days ago
55.

Virgie is fat    

151. Rachel, please.. Virgie may have worked at the Sheriff's Dept in her county, but i rather think she was working as a Matron in the jail.. Don't give this.. she's 55 and was a police woman. I'm over 60 and I really was a Police Officer.. I also know that I would never have to fight in court to see my Grandchildren, if something ever happened to my children. It's called common sense.. Treat your family - whether its a natural child or a child by marriage, very well. Trust, kindness and being a pleasant person makes all of the difference in the world.



Posted at 12:24PM on Apr 27th 2007 by GrandmaToo

I agree with you here, but I was only responding to the part about her having to be 'helped' into the courtroom. She always is surrounded by bodyguards and police. I don't thnk this woman is exactly infirm. Other than that--I don't disagree with you.

----------------------------
164. Rachel...I got the info from MSNBS Donna Somebody that was in the court room. I haven't even read ET or Tony Potts

Posted at 12:27PM on Apr 27th 2007 by common sense will prevail
------------------------------------

Well, it SOUNDED to me as though you were quoting from Access Hollywood. You know that sometimes at story is traded around based on one reporter's account. I don't know that MSNBC had a reporter there. I do know that the judges NEVER stated that the June 8th custody hearing was unnecessary. If you can provide a valid link and a direct quote from the judges, and not from a reporter's assessment of what they said, then that will be fine with me. Until then, I can tell you this--Tony Potts was extrapolating his own opinion as to the status of this custody case. I don't see how any judges in an appeal court could overrule the June 8th custody hearing UNLESS Virgie was appealing same, which she is not. She was only appealing the injunction to keep the baby in the Bahamas.


2683 days ago
56.

Jill Ann    

The sun shines bright on my old kentucky home!

2683 days ago
57.

Frankie Hoge    


IT'S ALONG WAY FROM BEING OVER......SOOO MUCH IS TO COME.....DON'T BUST A GASKET GETTING OVER JOYED..........
"""""THE WORST IS YET TO0 COME """""""" YOUR BADLY MISTAKEN IF YOU THINK O'QUINN HAS SHOWN HIS FULL HAND...THIS MAN IS LIKE VIRGIE....NO QUITER..!!!!!! THEY HAVE A PRIVATE INVESTIGATOR WHO HAS BEEN FAST AT WORK NO WAY IT'S OVER !!!!!! IT'S A LIE THAT SHE ASK LB FOR ANY CONTROL OF MONEY ETC !!! LB HAS """NO"""CONTROL OF ANYTHING AT THIS POINT...$TERN HAS SPENT WHAT WAS THERE...HE NEEDS LB TO HAVE ANY MORE TO SELL..HE IS NOT IN CONTROL EITHER !!! HE HAS NO0T BEEN APPROVED AS EXECUTER OF ANS WILL..THAT HAS TO BE PROBATED...BUT..... HE HAS BEEN WRITING CHECKS AND SIGNING HER NAME ...SINCE """BEFORE""" SHE DIED !!!
THIS WOULD HAVE BEEN ALOT DIFFERENT IF LARRY BIRKHEAD HAD NOT MADE A PACT WITH HK$....THAT CHANGED EVERYTHING...NOW HE'S MAKING STATEMENTS AGAINST DANIEL ?????? AND YOU IDOITS WANT TO BLAME VIRGIE ???
I THOUGHT LARRY WAS DIIFERENT FROM $TERN....NOPE...THEY ARE LOCKED HAND IN HAND....VIRGIE NEEDS TO FIGHT LIKE HELL TO KEEP THOSE TWO FROM USING DL...SHE HAS JUST THE LAWYER TO DO IT!!!
THAT CAN BE DONE JUST AS WELL IN THIS COUNTRY !!! TIME WILL TELL IF LARRY WANTS TO BE DADDY...HE'S BEEN PARTYING EVERY NIGHT IN THE BAHAMAS AND IS SUPPOSED TO BE AT BASH IN KY. TONIGHT !!!!
HIS MOTHER DOES NOT HAVE TO WORRY ABOUT SEEING HER GRANDBABY...DL....BUT VIRGIE DOES !!!!!!!
COWARD $$TERN HAS A WELCOME COMING THAT HE WON'T SOON FORGET.......AND THEN ....THERE IS THE INQUEST FOR DANIEL'S DEATH......EVERYONE WANTS TO JUST FORGET DANIEL....GUESS HIS LIFE MEANS NOTHING TO YOU.....!!!!!!!
YOUR JUST SO FULL OF HATE FOR VIRGIE...YOU ARE SICK PEOPLE...YOU HATE ON THESE POSTS DAY AFTER DAY....YOU ARE LOSERS NO LESS THAN THE HATE FILLED $$TERN YOU SUPPORT....
AS FAR AS THE CRACKS ABOUT VIRGIE'S LAWYER BILL....LARRY STILL OWES MUCH...MUCH MORE TO OPRI...OVER $600,000.....GUESS HE HAS THE WAY TO PAY ALL HIS BILLS NOW !!! HIS CASH SCHEMEING PARTNER ????...WANTA BET WHATS UP ??
........

2683 days ago
58.

Drama Continues!    

Bonnie was talking about Virgie Arthur...she knew exactly what Howard was doing. She was hopful that Dannielynn would be a part of their family. And who knows...she just might be after all. Seems as if Howard & Larry have pretty normal families. My opinion no reason to bash it. The whole world got to see that Anna's family IS NOT normal or do NOT hold any true values.....sooooooooooooooooooooooooo!

2683 days ago
59.

Blah blah blah    

I'M SO HAPPY FOR EVERYONE. I WISH LARRY AND HIS DAUGHTER ALL THE BEST. I HAVE TREMENDOUS RESPECT AND ADMIRATION FOR LARRY. NOT MANY MEN WOULD FIGHT SO HARD FOR THEIR CHILD. THAT SAYS A LOT ABOUT A PARENTS INSTINCT FOR THEIR CHILD. THERE IS A CONNECTION BETWEEN A PARENT AND CHILD THAT CANNOT BE EXPLAINED, LARRY FELT IT AND FOUGHT FOR WHAT WAS HIS. GOOD LUCK LARRY AND DANNILYN, ENJOY YOUR LIFE TOGETHER.

2683 days ago
60.

J Doe    

dannilyn deserves ONE HELL OF A WELCOME HOME ,
can someone arrange for a huge blow out for when larry and dannilyn step off the plane,

ballons, limo escort...total media blitz

and throw rotten eggs at virgie for when she step of her flight plane !!!!

2683 days ago
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