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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 12-15-2014, 11:42 AM
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Default Law regarding Consent of child's image

Does anyone know the legalities of requiring consent by both parents for 3rd parties using your child's image on public/media mediums? (facebook/webpages, news print, etc) for activities the child is engaged in??

Background:
Since separation (2011) I've taken my D7 to horse riding lessons. It's been a growing passion of hers but more importantly its been therapeutic to her in managing the stress and change as a result of a HC separation. My X has openly despised any such activity I take my daughter too of which I now know is fuelled by jealousy of me and my daughter having a bond in the activity. I pay for it out of my own pocket as the X refuses to acknowledge it as a sect 7 expense to be shared in proportion of our incomes. She has even visited the stables twice and then went on a tyrant email filled with derogatory and manufactured allegations against the stable owners of their business and operations. Within the email, she made comment that my daughter's image (her riding a pony while at a show) was posted on the stables facebook page and demanded they remove it as she did not give her consent to the stables to post our daughters image. However I signed a waiver with the stables to allow it previously.
This is in contrast to my X providing consent to the Dance studio where the studio has a pic of my daughter on their website. I have not raised a fuss over this as I don't see it as an issue as the intent of both pics (stables and dance studio) are not using her image in a nefarious way. The X also signed a consent form for our daughters school to use her image with no issue.

Our separation states:
"The parent residing with D7 at the relevant time will make the daily decisions affecting her welfare."

"Both parties will remain at all times maintain a reasonable and flexible position respecting the residency arrangements for D7 and at all times the best interest of D7 shall prevail. Accordingly, if special occasions or activities becomes available, both parties shall remain flexible to allow D7 to participate in such opportunities"

We have joint custody in all decision making for health, education and activities.

In closing, while the child is with me on my time, as per our separation, do I need my X's consent to have my daughters image used by a 3rd party. ie riding stables???

any legal insight on this would be appreciated.
thank you.
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Old 12-15-2014, 12:01 PM
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Technically you should have checked with your ex before you sign anything on behalf of the child (including a waiver for the use of her image). In practice many parents don't do this because it just becomes too bureaucratic. Having joint custody doesn't mean that while the child is with you, you can make all the decisions.

But this is really trivial stuff. I would leave it between your ex and the stables. They have a signed consent form for a student's picture; they also have a legal guardian of that student objecting to the picture. A smart business owner would take the picture down because he or she wouldn't want to risk negative publicity (and there's no overriding need for them to use a picture of your daughter). Let your ex complain to the stable, and let them handle it however they want to. I don't see a reason for you to get involved in this. This one isn't worth "winning".
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Old 12-15-2014, 12:22 PM
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Quote:
Originally Posted by stripes View Post
Technically you should have checked with your ex before you sign anything on behalf of the child (including a waiver for the use of her image). In practice many parents don't do this because it just becomes too bureaucratic. Having joint custody doesn't mean that while the child is with you, you can make all the decisions.

But this is really trivial stuff. I would leave it between your ex and the stables. They have a signed consent form for a student's picture; they also have a legal guardian of that student objecting to the picture. A smart business owner would take the picture down because he or she wouldn't want to risk negative publicity (and there's no overriding need for them to use a picture of your daughter). Let your ex complain to the stable, and let them handle it however they want to. I don't see a reason for you to get involved in this. This one isn't worth "winning".
Stripes is right, it is very trivial.

Since she's done the same by letting the dance studio post pictures of your
daughter without your consent, she's pretty much vacated the moral high ground. I have to wonder what she said when you mentioned that to her.

Not that I'm suggesting that two wrongs make a right, or that you should contact the dance studio and be a jerk like your ex.

Your ex thinks that as the mom, her consent is needed, but as the dad, yours is not. I'm sure that is part of a philosophy that guides a lot of her crap, and it's just another thing that you're going to have to ignore.
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Old 12-15-2014, 12:40 PM
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Quote:
Originally Posted by timberlandman View Post
...in managing the stress and change as a result of a HC separation...
That is apparent.

Quote:
Originally Posted by timberlandman View Post
......comment that my daughter's image (her riding a pony while at a show) was posted on the stables facebook page and demanded they remove it as she did not give her consent to the stables to post our daughters image. However I signed a waiver with the stables to allow it previously...
Did your ex actually contact the stables, and make this demand of them?

I think this would fall into the same category as permission slips, for field trips at school, or signing the "parental consent" to participate in activities. The school (or organization) only cares they have a parent/guardian that did sign-off.

If your child is going on a field trip for the day at school, and they send the "parent's consent" form home, to attend, do you both each sign the form now? That's crazy.

Sign the consent, and ignore the ex on this matter.
It's likely the "stables/facility" will too, since they have a parent (client) that does consent. Your ex isn't a client. The stables will deal with a paying client, that does consent.

Last edited by dad2bandm; 12-15-2014 at 12:43 PM. Reason: Finished thought.
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