model release question

[matilda]

A few weeks ago I had a smash cake session with 1 year old Master S. His father Mr T signed a model release form, giving me permission to use these images for my facebook page, website etc.

Today Mr T picked up his prints. He informed me that his ex Ms G made a nasty comment on my fan page that she did not give permission for the photo's of master S to be up there. (I wasn't aware of the comment as it did not come up in my news feeds, she would have been better off emailing me than making such a comment).
Well I told her to email me (which she still hasn't), and has kept posting comments on my fan page (the posts i've screen dumped and kept, but the facebook comments have been deleted).

Anyway what is the go with model release form when it comes to parents who have separated. Do I need both parents to sign the release? I mean I had his legal guardian sign the form. How was i suppose to know that there would be drama's with the other parent. Do i need to ask both parents to sign the form or what?

I've removed the image from my fan page, but I would still like to find out what my legal grounds are so this sort of drama doesn't happen again.

[I @ M]

I've removed the image from my fan page, but I would still like to find out what my legal grounds are so this sort of drama doesn't happen again.

Probably the best answer that you will receive on here is to ask your solicitor rather than asking a forum ( probably 99% non legal trained ) about specific legal issues.

[Kym]

You need a lawyer. But (IANAL) if Mr T is a legal guardian then your release is probably ok.

[kiwi]

I'll go with Kym

but children in custody cases also have special privacy conditions

[matilda]

thanks all, will seek legal advice.

[ricktas]

Scan the model release, block out full names and send a copy to her, via facebook as that is her method of communication, advise her to cease or you will take legal action.

The father ( I presume) is still a legal guardian, and thus has legal power to sign documents for his child. The mother here should have issues with the father signing consent, if she disagrees, not with you! You have a valid release signed by a legally recognised guardian of the child. That is all you need.

[matilda]

thanks Rick, I have done that, but facebook for what ever reason wont allow me to send an email. but I have all documents here for her anyway. Going to speak to legal aid about it on monday about it too.

thanks.