AB 2128,
as amended, Achadjian. begin deleteChild custody: ex parte orders. end deletebegin insertMarriage.end insert
Existing law allows a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage to enter into that marriage by the appearance of an attorney in fact.
end insertbegin insertThis bill would remove the requirement that the member of the Armed Forces of the United States be serving in a conflict or war.
end insertExisting law requires a court to refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the state.
end deleteThis bill would make nonsubstantive changes to that provision.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 420 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
2read:end insert
(a) No particular form for the ceremony of marriage is
2required for solemnization of the marriage, but the parties shall
3declare, in the physical presence of the person solemnizing the
4marriage and necessary witnesses, that they take each other as
5spouses.
6(b) Notwithstanding subdivision (a), a member of the Armed
7Forces of the United States who is stationed overseasbegin delete and serving and is unable to appear for the licensure and
8in a conflict or a warend delete
9solemnization of the marriage may enter into that marriage by the
10appearance of an attorney in fact, commissioned and empowered
11in writing for that purpose through a power of attorney. The
12attorney in fact must personally appear at the
county clerk’s office
13with the party who is not stationed overseas, and present the
14original power of attorney duly signed by the party stationed
15overseas and acknowledged by a notary or witnessed by two
16officers of the United States Armed Forces. Copies in any form,
17including by facsimile, are not acceptable. The power of attorney
18shall state the full given names at birth, or by court order, of the
19parties to be married, and that the power of attorney is solely for
20the purpose of authorizing the attorney in fact to obtain a marriage
21license on the person’s behalf and participate in the solemnization
22of the marriage. The original power of attorney shall be a part of
23the marriage certificate upon registration.
24(c) No contract of marriage, if otherwise duly made, shall be
25invalidated for want of conformity to the requirements of any
26religious sect.
Section 3064 of the Family Code is amended to
28read:
(a) The court shall refrain from making an order granting
30or modifying a custody order on an ex parte basis unless there has
31been a showing of immediate harm to the child or immediate risk
32that the child will be removed from the State of California.
33(b) “Immediate harm to the child” includes, but is not limited
34to, either of the following:
35(1) Having a parent who has committed acts of domestic
36violence,
if the court determines that the acts of domestic violence
37are of recent origin or are a part of a demonstrated and continuing
38pattern of acts of domestic violence.
P3 1(2) Sexual abuse of the child, if the court determines that the
2acts of sexual abuse are of recent origin or are a part of a
3demonstrated and continuing pattern of acts of sexual abuse.
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