LATEST: Celebrity photojournalist LARRY BIRKHEAD and his lawyer were back in court on Wednesday morning (04OCT06), where a judge refused to grant an immediate order for Anna Nicole Smith and her daughter to return to the US. Birkhead claims to be the father of Smith's baby DANNILYNN and his lawyer DEBRA OPRI challenged Smith to settle the custody dispute by submitting to a paternity test. The pair appeared in Los Angeles Superior Court where the judge continued the hearing until 26 October (06). According to entertainment website TMZ.com, Opri is also requesting that the judge order Smith to submit to a drug test. At a press conference after the hearing, Opri addressed Smith directly saying, "Anna, I am talking to you directly now and I want you to listen to me and I want you to hear what I have to tell you. "If you are so certain that Larry Birkhead is not the father, then you have nothing, absolutely nothing to lose by submitting to this jurisdiction and allowing a paternity test." Smith's partner and lawyer, HOWARD K STERN alleges that he is actually the baby's father.