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

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS 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 SENDER: COMPLETE THIS SECTION COMP/ ETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. A.XSlg~ Cl Agent • Print your name and address on the reverse so that we can return the card to you. DAddressee • Attach this card to the back of the mallplece. or on the front if space permitS.

1. ArtlclaAddresse to; O. Is deltv«y address dllrerent from Item 1? 0 Yes If YES, enter delivery address below: Cl No J<Jhn F. Young, Jr. Attorney at Law 3408 6th Street <.n Metaiti~ LA 7-00tX> ~ 23-C~52 03-29-2 ) (:~ ll!!l~~J~~[IJ~~!l~W!~ ~..;== 2. Artir.IA N1 omhAr trn>nc"" Imm C>ANlra i.."-11 !EE- Cl Colltl;tj)fl Dellvely Restricted DellYery 0 SignatuN Confirmation"' ~~rmat1on 7016 2070 0000 0954 b748 RaetrfctedDeawry PS Fonn 3811. July 2015 PSN 7530-02~9053 Domestic Return Receipt :