ANNA NICOLE TO BE ORDERED TO RETURN TO US?
LATEST: The photojournalist who claims to be the father of ANNA NICOLE SMITH’s baby is sending his lawyer to court today (04OCT06) to obtain an immediate order for the reality star to return to California with her new daughter.
DEBORAH OPRI, who is representing LARRY BIRKHEAD, will go to Los Angeles Superior Court at 8:30am to ask the judge to order Smith’s return to the US for paternity tests.
Opri will also ask Smith submit to drug testing, which could potentially spark a nasty custody battle.
Birkhead filed legal papers on Monday (02OCT06) asking for a paternity hearing, but by seeking an immediate court order hopes to expedite the case.
Smith’s Bahamian attorney, MICHAEL SCOTT, insists he isn’t concerned about the filing because US laws wouldn’t apply in the Bahamas.
He tells American publication People, "It doesn’t have any effect, because obviously jurisdiction of any court is territorial. They can’t compel her to go back." Scott did concede that if Smith does return to California, where she would be subject to the law, "she could be in difficulty." Opri said she hopes the US legal system will force Smith to return to the state adding, "This is an urgent issue that needs to be resolved and we are seeking the court’s order to have her return to this jurisdiction for testing.
He is concerned for the health and safety of the child based upon drug issues and manipulation by a third party for purposes contrary to the interests of the child." Birkhead’s lawsuit claims that Smith was taking methadone, which is normally used to treat heroin addiction, and that her lawyer, HOWARD K STERN, who also claims to be the baby’s father, was facilitating her drug habit.
Smith’s 20-year-old son DANIEL died on 10 September (06) after having a heart attack brought on by a lethal combination of antidepressants and methadone, three days after Smith gave birth.
© wenn.com
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