A judge tosses Arthur's "weak" appeal – and charges her $3,000 for wasting time

By Stephen M. Silverman
April 27, 2007 12:25 PM

Larry Birkhead’s legal seesaw ride to bring his 7-month-old daughter Dannielynn home from the Bahamas is on the upswing again.

On Friday, a Bahamas judge in the Court of Appeals in Nassau tossed out Virgie Arthur’s appeal to block Birkhead from leaving the country with the baby, TV’s Access Hollywood reports.

Calling the arguments from Arthur – the mother of Dannielynn’s late mother, Anna Nicole Smith – “weak,” the jurist also ordered Arthur to cough up $3,000 in attorney’s fees for wasting the court’s time.

“I am perplexed why this matter is before us,” said the judge, chastising Arthur.

When Arthur’s attorney attempted to tell the judge that Birkhead would likely fail to bring Dannielynn back for his scheduled June 8 custody hearing, the judge again dismissed her.

Asked about the hearing planned for June, Emerick Knowles, a lawyer for Birkead, said his client “has every intention of complying with the law.”

The ruling frees Birkhead to take the baby back to the United States.

“I’m happy because this is nonsense really,” Birkhead told The Associated Press outside the courthouse. The photographer says he’ll leave for the U.S. with Dannielynn once he has her birth certificate corrected to list himself as the father. (Currently Howard K. Stern is listed as the baby’s father.)

Stern, who was also present at Friday’s court session, said he would back Birkhead for however many years it takes for the custody battle to be fought with Arthur. When asked if he would visit the child, Stern answered, “If Larry let’s me.”

Added Stern: “I just want Dannielynn to have a good life, and I’m confident Larry will give it to her.”