BILL NUMBER: AB 2128	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 17, 2016

   An act to amend Section  3064   420  of
the Family Code, relating to  child custody.  
marriage. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2128, as amended, Achadjian.  Child custody: ex parte
orders.   Marriage.  
   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.  
   This bill would remove the requirement that the member of the
Armed Forces of the United States be serving in a conflict or war.
 
   Existing 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. 

   This bill would make nonsubstantive changes to that provision.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 420 of the   Family
Code   is amended to read: 
   420.  (a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the physical presence of the person solemnizing the
marriage and necessary witnesses, that they take each other as
spouses.
   (b) Notwithstanding subdivision (a), 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 may enter into that
marriage by the appearance of an attorney in fact, commissioned and
empowered in writing for that purpose through a power of attorney.
The attorney in fact must personally appear at the county clerk's
office with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two officers of
the United States Armed Forces. Copies in any form, including by
facsimile, are not acceptable. The power of attorney shall state the
full given names at birth, or by court order, of the parties to be
married, and that the power of attorney is solely for the purpose of
authorizing the attorney in fact to obtain a marriage license on the
person's behalf and participate in the solemnization of the marriage.
The original power of attorney shall be a part of the marriage
certificate upon registration.
   (c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect. 
  SECTION 1.   Section 3064 of the Family Code is
amended to read:
   3064.  (a) The court shall 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 of California.
   (b) "Immediate harm to the child" includes, but is not limited to,
either of the following:
   (1) Having a parent who has committed acts of domestic violence,
if the court determines that the acts of domestic violence are of
recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
   (2) Sexual abuse of the child, if the court determines that the
acts of sexual abuse are of recent origin or are a part of a
demonstrated and continuing pattern of acts of sexual abuse.