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Anna Nicole Baby Battle Drags On
And so the great baby-daddy drama of 2006-07 continues.
On Tuesday a Los Angeles judge stayed a previous ruling ordering Anna Nicole Smith to submit daughter Dannielynn Hope for paternity testing by the end of the day.
Los Angeles Superior Court Judge Robert Schnider, who issued his original ruling Dec. 21 following several months of back-and-forth over whether his court had jurisdiction over the case, scheduled a follow-up hearing for Feb. 7.
"Today the court ruled that the collection of DNA samples may not go forward at this time. Notwithstanding anything else that you may hear in the press, this has nothing to do with Anna Nicole refusing to comply with court orders," Smith attorney Ron Rale told Entertainment Tonight.
Smith's legal team argued that a judge from the Bahamas, where Smith and current paramour Howard K. Stern have been living since August, also needed to sign off on the order before their client could be compelled to go along with it.
"Anna remains perfectly willing to comply with every court order," Rale said. "The DNA testing did not go forward today in the Bahamas because we had this hearing pending, and the court has granted the relief that I requested."
TMZ.com reported that a source close to the situation said the former Playmate's attorneys were also trying to put a hold on the proceedings on the grounds that technicians from the U.S. lab that Smith's ex-boyfriend, Larry Birkhead, hired to perform the paternity test did not have work permits for the Bahamas.
Per the original court order, Smith and Birkhead were allowed to submit DNA swabs to the lab of their choice.
Birkhead's attorney, Debra Opri, could not be reached for comment.
The L.A.-based photographer filed suit against Smith in October, claiming he is Dannielynn's father and requesting that Smith present the child for a DNA test. Birkhead also sued her and Stern for fraud and conspiracy after Stern's name was listed as Dannielynn Hope Marshall Stern's father on the child's birth certificate.
Considering this case can hardly get weirder, it's not a huge surprise to learn that a tidy ending still eludes all parties involved. But, per a copy of an AOL Instant Message transcript obtained by TMZ of a chat Smith and Birkhead purportedly had on Monday, the photographer has reason to believe a resolution is a ways off.
According to the transcript, Birkhead wrote, "Show up for the test with the baby," to which Smith replied, "dont [sic] think so."
He said, "Do what's right." She said, "U wish." He said, "Everybody just want u to do right thing is all." She replied, "In your dreams."
Ho-hum.
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