Opinion
23-C-152
03-29-2023
LINDSAY YORK FANTACI v. MICHAEL LOUIS FANTACI 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