February 11, 2009 4:57 PM

Anna Nicole's Mom Loses Court Battle

(CBS/AP)  An appeals court on Friday dismissed an effort by Anna Nicole Smith's mother to block Larry Birkhead from taking the late reality TV star's daughter out of the Bahamas, saying a court in the United States will likely have the final say in their custody dispute.

According to a report from "Access Hollywood," the judge called Virgie Arthur's appeal "weak," and ordered her to pay $3,000 in attorney's fees for wasting the court's time. "I am perplexed why this matter is before us," the judge reportedly said to Arthur.

Arthur was challenging a judge's decision this week to allow Birkhead to leave the island chain with Dannielynn, his 7-month-old daughter. Her attorneys argued that Birkhead might not return as directed for another private hearing in the case June 8.

Photos: Dannielynn's Daddy
"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, as proven by DNA tests earlier this month.

Photos: Anna Nicole Smith
Birkhead was confirmed as the father by DNA tests earlier this month.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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