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Judges Order That is Can't be Complied RE Youtube. What to do?

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  • #16
    Originally posted by Doctor Martins View Post
    I self represent. Its also my business and where the future is going exponentially. Kids are in all kinds of entertainment properties. Half the movies shot here would have to be shut down if this was the law.
    So, you profit from your children? I don't really understand your point. You are mixing your "business" with your "parenting". You need to separate those concerns and balance what is best for your children. Don't make your family law matter a case for being a "justice warrior". It is not in your children's best interests to do so.

    The legal complexities of parents who are living separate and apart and their children being employed (or used) for the entertainment is a very complex matter. Why do you think the idea of emancipation came about in the child acting world? Because parents are often idiots and do stupid things.

    You now have to not only consider the CLRA (Children's Law Reform Act) but, Protecting Child Performers Act (PCPA) also when you make arguments as to why your children should be in your videos... Which you profit from. Are you prepared to do everything required by PCPA and obtain the consents necessary from the other parent? Is the other parent going to consent? Clearly, they haven't.

    Save your children the conflict... Hire a child who's parents both consent to their use and are paid for their services in accordance with the PCPA. Don't make your use of your children in your professional work a complex family law issue. You don't owe society or anyone the time and energy to argue this. Let them be kids! Do you want this for them as an adult?

    You have to learn FAST that the court system is small "c" conservative. They will opt to remove children in a family matter from conflict over your professional and personal opinion. Their duty is to the child's best interests. Parents fighting over youtube videos and the use of their children in a public space (for profit or not) is something they won't generally entertain. They will do exactly what they have already done...

    You want to settle your matter as soon as possible. Furthermore, you want to be ready to compromise on things. This is something I would recommend you compromise over. If you had a lawyer the lawyer would tell you the same thing probably.

    Good Luck!
    Tayken

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    • #17
      I don't really care if she is in future videos or even the two videos at issue. The problem was the the judge made an overall motion that was not even what she intended. The videos where simple videos of my daughter doing whats called toy unboxing which is a category on its own. Several you tubers doing this are pulling in 7 figures. She was enjoying it. But since then I changed the channel to just adults however past videos also produce income on an ongoing basis.

      I offered to remove the videos in question, the problem is my ex said all videos like the order even though she knows that the judge clarified this in court but not on paper. So I'm going to do B14 asking for clarification.

      Comment


      • #18
        Originally posted by Doctor Martins View Post
        I don't really care if she is in future videos or even the two videos at issue.
        Then the matter is settled. You are going to follow the order as written. You really have no other option that is worth your time or effort.

        Originally posted by Doctor Martins View Post
        The problem was the the judge made an overall motion that was not even what she intended.
        "The judge made an order that was not possibly what was intended" is the proper way to phrase it.

        Here is your issue... The order is enforced as written. So follow it as written. You could ask the judge for clarification (which you did) but, the judge chose not to change the order. The other problem is that a subsequent judge who deals with this matter will expect you to follow it as written.

        You could appeal it but, what error in law did the judge make? Appeals are horribly complex and not worth the effort on something like that.

        Originally posted by Doctor Martins View Post
        The videos where simple videos of my daughter doing whats called toy unboxing which is a category on its own.
        Very familiar with the concept on YouTube and other similar sites. Watch someone open a package.

        Originally posted by Doctor Martins View Post
        Several you tubers doing this are pulling in 7 figures. She was enjoying it. But since then I changed the channel to just adults however past videos also produce income on an ongoing basis.
        Very familiar with the "unboxing" phenomenon.

        Originally posted by Doctor Martins View Post
        I offered to remove the videos in question, the problem is my ex said all videos like the order even though she knows that the judge clarified this in court but not on paper. So I'm going to do B14 asking for clarification.
        You can assume that it is all videos that contain the children and not literally "all videos". But, if you need clarification you should talk to a lawyer. Especially if this is your business. Further reason you should have a lawyer represent you.

        Good Luck!
        Tayken

        Comment


        • #19
          the judge at a later motion has suggested I file a 14b asking for clarification.

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          • #20
            You do realize that these clarification dates take up the courts time and push back legitimate cases for things like custody, child support, parenting time etc right? So because you dont want to be reasonable and take down a couple of videos you are now bumping cases that truly need an immediate answer just so you can have a judge waste their time saying take down all videos?

            Which means that many of the other parents on here who are desperately waiting to get in front of a judge to get money or actual time with their kids are having to wait longer for people like you who cant simply say “maybe I should just err on the side of caution and assume its all”.

            *smh*

            Comment


            • #21
              Originally posted by rockscan View Post
              You do realize that these clarification dates take up the courts time and push back legitimate cases for things like custody, child support, parenting time etc right? So because you dont want to be reasonable and take down a couple of videos you are now bumping cases that truly need an immediate answer just so you can have a judge waste their time saying take down all videos?

              Which means that many of the other parents on here who are desperately waiting to get in front of a judge to get money or actual time with their kids are having to wait longer for people like you who cant simply say “maybe I should just err on the side of caution and assume its all”.

              *smh*
              14b is written motion and not seen in front of judge, just procedural asking through paperwork. Where I am located in Ontario there is no backlog I'm aware of and always been able to get a motion the next week after I file.

              Im cool with a couple videos.. thats not what the written order states. It states all social media.

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              • #22
                Written motions still take the judges time away from other urgent motions!

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                • #23
                  Well if I don't have it clarified it literally means id have to take down all pictures and video of my daughter on all social media which even my ex knows thats not what the judge means but it was the end of the day and the order was written. The last motion i had there was hardly anyone else on the docket and in face we are the only motion that judge heard all day.. So your area might be different than mine. In any case it needs to be clarified as its too broad and means id have to take down every post of my daughter on all platforms including mostly family photos. Thats insane.

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                  • #24
                    Originally posted by Doctor Martins View Post
                    Here is the problem. The judge in her order put this part in and said everything else was stayed until I complied.

                    Everything else is stayed until you comply with the order. Now you’re filing a clarification motion. Instead of wasting yours and other peoples time, just hold the videos, delete them, block them etc. until your next appearance for the original motion which is to get 50/50.

                    This is what others are trying to tell you as well—focus on the important part which is 50/50. Instead you mentioned a mobility clause, these videos and all the drama that your ex is causing.

                    Why waste the time and energy on the video stupidity when you could simply move forward with your stayed motion?

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                    • #25
                      I have a question. You say that you are making money off the youtube videos through ads etc if I am correct. What financial compensation is your child getting from being in this type of thing and where is that money going to?

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                      • #26
                        The majority of the videos I have on youtube do not involve my daughter. She's my only child so eventually ALL My money will go to her. Right now she is 3 and a half.

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                        • #27
                          Originally posted by Doctor Martins View Post
                          The majority of the videos I have on youtube do not involve my daughter. She's my only child so eventually ALL My money will go to her. Right now she is 3 and a half.
                          you cannot say that with totally certainty unless you have had a vasectomy that worked. You may have more kids in the future.

                          Your ex may use the argument that you are using the child to line your own pockets. Yes she may only be in a few but you are paid for that. If I was you I would start up an RESP or something and put the money your child should be paid into it. That way you can say that you are earmarking the money the child earns to provide for her future. That way you are not making money off your child.

                          I know if I was the mom and I knew my ex was using the child to make money and keep it for his own use I would be pissed to. By putting the childs earnings into an investement or whatever in the childs name then the child is benifiting and not you. I am just trying to think outside the box a bit.

                          Comment


                          • #28
                            Originally posted by standing on the sidelines View Post
                            you cannot say that with totally certainty unless you have had a vasectomy that worked. You may have more kids in the future.

                            Your ex may use the argument that you are using the child to line your own pockets. Yes she may only be in a few but you are paid for that. If I was you I would start up an RESP or something and put the money your child should be paid into it. That way you can say that you are earmarking the money the child earns to provide for her future. That way you are not making money off your child.

                            I know if I was the mom and I knew my ex was using the child to make money and keep it for his own use I would be pissed to. By putting the childs earnings into an investement or whatever in the childs name then the child is benifiting and not you. I am just trying to think outside the box a bit.

                            Well as of right now she wants me to shut down everything. Basically i shouldn't operate a business in general but should pay her uncontrollable amounts of child support that comes off of trees. Also I'm not putting my daughter in future videos .. unless she wants to when she is old enough to make up her own mind. she was having fun doing it.. And good luck these days stopping kids from social media.. as soon as they get a phone they go crazy with instagram and snapchat these days.. and I'm sure technology will make this worse.. my 3 year old already knows how to select videos on youtube and which ones she wants to watch etc.

                            Comment


                            • #29
                              Originally posted by Doctor Martins View Post
                              Well as of right now she wants me to shut down everything. Basically i shouldn't operate a business in general but should pay her uncontrollable amounts of child support that comes off of trees. Also I'm not putting my daughter in future videos .. unless she wants to when she is old enough to make up her own mind. she was having fun doing it.. And good luck these days stopping kids from social media.. as soon as they get a phone they go crazy with instagram and snapchat these days.. and I'm sure technology will make this worse.. my 3 year old already knows how to select videos on youtube and which ones she wants to watch etc.
                              Really? I have no problem whatsoever in stopping a 3yr old with engaging in social media. Albeit, I also never gave my 3yr a phone.

                              I'm curious... for you, at what age does "make up her own mind, having fun doing it" actually kick in?
                              Start a discussion, not a fire. Post with kindness.

                              Comment


                              • #30
                                Originally posted by mcdreamy View Post
                                Really? I have no problem whatsoever in stopping a 3yr old with engaging in social media. Albeit, I also never gave my 3yr a phone.

                                I'm curious... for you, at what age does "make up her own mind, having fun doing it" actually kick in?
                                I agree with you actually on this point. The videos I was putting her in were things like where we video taped a birthday party.. learn colours with paw patrol.. etc. it was fun..

                                As far as kids having a phone and own social media personally i think they should be a teenager..

                                Comment

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