Lindsay York Fantaci Versus Michael Louis Fantaci

LINDSAY YORK FANTACI NO. 23-C-152

VERSUS FIFTH CIRCUIT

MICHAEL LOUIS FANTACI COURT OF APPEAL

STATE OF LOUISIANA

March 29, 2023

Linda Wiseman
First Deputy Clerk

IN RE LINDSAY YORK

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.
ENRIGHT, JR., DIVISION "N", NUMBER 809-154

Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and Cornelius E. Regan

WRIT GRANTED IN PART AND DENIED IN PART
Relator, Dr. Lindsay York, seeks review of the trial court’s March 24, 2023

Order that granted temporary sole custody of the parties’ minor child, C.F., on an

ex parte basis, to respondent, Michael Fantaci, pending a hearing set for next

Monday, April 3, 2023. Dr. York argues that this Court should find the ex parte

order is absolutely null because Mr. Fantaci’s ex parte petition for temporary

custody, as well as the order issued by the district court, fail to comply with the

requirements set forth in La. C.C.P. art. 3945. For the reasons stated below, we

deny relator’s writ application, except we grant relief in part in the event the April

3, 2023 hearing is continued to a later date as explained more fully below.

The parties’ child, C.F., is a member of a competitive club volleyball team

that travels outside of the New Orleans area to attend tournaments. The parties

previously entered into a Consent Judgment on March 10, 2021 requiring the

parties to allow C.F. to participate in a physical activity and further requiring the

custodial parent to transport C.F. to her games and practices and allowing the

option for the other parent to bring C.F. to practices and games if the custodial

parent is unable to transport C.F. In his ex parte petition, Mr. Fantaci requested

temporary custody due Dr. York’s failure to bring C.F. to her practices, and threats

to refuse to allow C.F. to travel to and attend volleyball tournaments during Dr.

York’s custodial time unless Mr. Fantaci agreed to allow Dr. York “makeup”

visitation time with Lindsay during his custodial time.

In particular, Mr. Fantaci provided messages and emails he exchanged with

Dr. York, in which she threatened to refuse to allow C.F. to attend a tournament on

March 25 and 26, 2023, and to travel after school on Thursday, March 30, 2023, to

attend a tournament in Atlanta, Georgia, because these days are during her

custodial time. Mr. Fantaci further alleged that he was concerned for C.F.’s

emotional state and safety during this period of time because of Dr. York’s pattern

of behavior and C.F.’s indication that she would leave Dr. York’s house to get to

Mr. Fantaci so that he could bring her to the tournaments.

Based on the foregoing, we find that Mr. Fantaci’s ex parte petition and the

district court’s March 24, 2023 Order complied with the requirements of La.

C.C.P. art. 3945 to the extent full temporary sole custody was granted only from

March 24, 2023 until the hearing scheduled on April 3, 2023. However, in the

event that the April 3, 2023 hearing is continued to a later date, we grant the writ

application in part to modify the first paragraph of the order to provide that the

temporary sole custody granted to Mr. Fantaci is limited to the days necessary for

C.F. to participate in, and/or travel to and from, volleyball tournaments as

determined by Mr. Fantaci. Otherwise, the writ application is denied.

Gretna, Louisiana, this 29th day of March, 2023.

CER
MEJ
SJW

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

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DAY 03/29/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

23-C-152
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Elizabeth K. Fox (Relator) Jeffrey M. Hoffman (Relator)
Jennifer C. Carter (Respondent)

MAILED
John F. Young, Jr. (Relator)
Attorney at Law
3408 6th Street
Metairie, LA 70002

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