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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-31-2017, 05:00 PM
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Cool Judges Order That is Can't be Complied RE Youtube. What to do?

I had filed a motion with regards to interim shared parenting. I got many of the things I asked for. The Applicant Mother had some one off thing in her reply that she didn't like two social media posts I had done about our daughter. The judge indicated at the case that she worries about these things because she has dealt with many sexual offenders.

Here is the problem. The judge in her order put this part in and said everything else was stayed until I complied. It was the only area at the motion however that was not discussed in any depth. So in the judges order she put ALL social media post to be taken down regarding my daughter.

She read the order which had already been written and I asked for clarification because it was so broad and she got kind of flustered because I think she realized that she had written something ill defined.. So she said the objectionable videos. And then I pushed further and she said the two in the motion. But then in the final order left it "all social media".

Well my ex was there and heard so when i said id take down the two videos she said, no ALL videos. Thus going by what was written.

There are a few logistical problems with this which weren't vetted at trail. For one I am an entertainment producer by trade. The videos that contain my daughter, which are all innocent are not solely in my control. I have both investment as well as entertainment company partners including the third largest distributor of video content in the world. Second I don't even know how to define objectionable because its all legal videos rated G. And its subjective. The way something like this should have been done is Applicant Mother file a motion and all parties who own the content have a right to representation.

Also by labeling ALL SOCAIL MEDIA that would literally mean pictures with my grandmother on fb etc.. and the mother has several pictures up.

The order was just kind of pasted on, overly broad and ill defined.

I was naive and brought a motion to have this changed. I should have appealed it but ran past 7 day period. It was a different motions judge who said it was outside of their scope to overturn it and I got dinged for costs.

The judge said I could file a B14 motion for clarification. Is this the way to go? Any other suggestions?
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Old 10-31-2017, 05:10 PM
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Technically any organization now has to have WRITTEN permission to use a minors face in a photo or video posted publicly. Which means if your ex has not provided permission, the organizations cannot legally use them. You will need to remove them immediately or your ex could go after the business owners and have charges filed.

Just take the videos down. Most organizations that use photos and videos know this law and comply.
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Old 10-31-2017, 05:21 PM
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I as parent signed written permission. Custody has not been determined.
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Old 10-31-2017, 09:01 PM
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my ex was giving me some crap about youtube videos. Lawyer had me take them on down to show cooperation but said it was fully okay for me to post on facebook, as it is private. and so I do, and will continue to do so.

If a judge ever ordered me to do that without a cross motion that I vigorously defended, I will post millions of posts on social media. No judge is going to dictate to me to do what mom wants me to do. Ever. They could try, but it won't happen and we would be meeting again very soon after.

Option 1: Go ahead and enjoy making posts on youtube. Let them bring contempt motions against you all they want. I would however wait until you get the final order you are hoping for. Once you got the final order then screw around. Just keep quiet and comply for now.

Option 2: bringing another motion to allow certain content to be posted.

Option 3: hire a lawyer, and bring a motion to be granted leave for appeal, and appeal. You have more than 7 days to appeal. If you miss the 30 days, you should still be able to ask for permission.

If you're not happy with the judges order and feel the judge is infringing on your rights as a parent and allowing the mother to control you, then speak up and act out.

Why don't you post videos on Facebook ? Facebook is private and has privacy settings. Mom won't ever know you posted anything either.

and don't pay that costs order. Judge wants to permit mom to dictate to dad, and ultimately a pissed off parent, then Judge get's pissed off parent.

I personally don't see why you (or any other father) should not allowed to make posts on social media just because mom has anxities. Parents and children put videos online all the time. How do you think Justine Beiber became famous?

Last edited by trinton; 10-31-2017 at 09:09 PM.
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Old 10-31-2017, 09:11 PM
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Very poor advice IMO.


To succeed in court you want to show respect for the court. The best way to blow your case is to be disrespectful and intentionally disobey Orders which could certainly end up with you being found guilty of contempt.

If you do not pay costs Order then another Order can be made against you that you are not allowed to file any applications until the costs Order is paid. This may be annoying to you, particularly if you have something substantive to file.

Last edited by arabian; 10-31-2017 at 09:19 PM.
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Old 10-31-2017, 09:41 PM
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Quote:
Originally Posted by arabian View Post
Very poor advice IMO.
Obviously didn't real option #1.

Quote:
I would however wait until you get the final order you are hoping for. Once you got the final order then screw around. Just keep quiet and comply for now.
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Originally Posted by arabian View Post
To succeed in court you want to show respect for the court. The best way to blow your case is to be disrespectful and intentionally disobey Orders which could certainly end up with you being found guilty of contempt.
Real petty thing to find a father in contempt of, you posted videos of your kid on you tube! You took a selfie with your kid! You walked in dark orange jeans today when you picked up your kid from school! You tried to breathe without the mother's prior consent !

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Originally Posted by arabian View Post
If you do not pay costs Order then another Order can be made against you that you are not allowed to file any applications until the costs Order is paid. This may be annoying to you, particularly if you have something substantive to file.
You can still bring motions with costs outsanding. There is case law on this. The courts can't withold a child's best interests because of some petty biased youtube and costs order from the family courts. The judge saying "All social media" is biased and unreasonable. Facebook is private and has privacy settings. You're free to share pictures of your kids with family. What now your family members are sex offenders ? Judges are sex offenders too if you research that too. Just as are teachers at school. Should we make orders that kids don't go to school because there are cases where teachers have had sex with their students ?

I personally, as I am doing with my base, is just take them off and keep them all on Facebook until your case is over. Be nice and get what you want, then build a status quo in your favour and make posts on youtube. To me it just doesn't sound like you had a chance to defend against the order the judge was making. Did mom file a cross motion and did you get a chance to respond ? Did you file a reply affidavit to her response ? How did the judge even make this order without cross motion ?

Last edited by trinton; 10-31-2017 at 09:43 PM.
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Old 10-31-2017, 09:46 PM
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Follow Orders and fight battles in courtroom legally is all.

Yes someone can indeed make an application for an Order to disallow further application until costs are paid. This is fairly standard, particularly for those deemed to be vexatious litigants.
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Old 10-31-2017, 09:51 PM
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I don't see the father here being a vexatious litigant at all.

https://www.youtube.com/watch?v=L64c5vT3NBw

^^Pretty cute ? No ?

Don't let your kids out trick or treating .. the sex offenders are all waiting.
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Old 10-31-2017, 09:53 PM
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You know OP. My lawyer once said the judges can't appear completely on your side. This may have even been one of those things where the judge just wants to appear impartial when he/she is really on your side.

Just a thought.
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Old 10-31-2017, 09:57 PM
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yeah right. Well you just keep telling yourself this.... denial. I guess it's the same kind of thing when a girl says "no" yet you think she really means "yes." Twisted reasoning for sure.
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