Call to action to support Senate Resolution 543-International Parental Child Abduction
August 24, 2012
Contact Your Senator About Intl. Child Abduction
Thursday, August 23rd, 2012
In 2011 at least 1367 American children were abducted by a parent to a foreign country. Most will never have a chance to come home to their families and communities in the U.S.
You can help today by emailing your U.S. Senator(s) and urging them to co-sponsor Senate Resolution 543 http://www.gpo.gov/fdsys/pkg/BILLS-112sres543is/pdf/BILLS-112sres543is.pdf
Here’s how:
1) Use the chart below to find your Senator(s)
2) If they haven’t already co-sponsored, click the email link to their staff member
3) Email them* (Optionally you can call)
4) Ask your friends and family to do the same by sending them this link.
With your commitment to help we can create change to protect families in the future and help bring abducted children home now.
______________________________________________________________________________________
*HERE IS THE SUGGESTED EMAIL
Subject Line: S. Res 543- International Parental Child Abduction
I am a registered voter and a constituent. I would like the Senator to co-sponsor Senate Resolution 543
because American children need to be protected. In 2011 alone, at least 1367 American children were abducted by a parent to a foreign country.
Sincerely Yours,
[First & Last Name]
[City, State]
______________________________________________________________________________________
URGENT: The Deadline to Contact Your Senator(s) to Co-Sponsor S. Res 543 is in 16 days, 9 hours, 45 minutes
SENATOR INFO | STAFF MEMBER INFO | ||||||
First | Last Name | State | First | Last | e-mail address | Phone (202 Area Code) | S. Res. 543 Co-sponsor Status |
Mark | Begich | AK | David | Ramseur | david_ramseur@begich.senate.gov | 224-3004 | |
Lisa | Murkowski | AK | Nathan | Bergerbest | nathan_bergerbest@murkowski.senate.gov | 224-6665 | |
Richard | Shelby | AL | Kevin | Kane | kevin_kane@shelby.senate.gov | 224-5744 | |
John | Boozman | AR | Toni-Marie | Higgins | toni-marie_higgins@boozman.senate.gov | 224-4843 | |
Mark | Pryor | AR | Sarah | Holland | sarah_holland@pryor.senate.gov | 224-2353 | |
Jon | Kyl | AZ | Tim | Morrison | tim_morrison@kyl.senate.gov | 224-4521 | |
John | McCain | AZ | Elizabeth | Lopez | elizabeth_lopez@mccain.senate.gov | 224-2235 | |
Barbara | Boxer | CA | Ariana | Reks | ariana_reks@boxer.senate.gov | 224-3553 | Sponsor |
Diane | Feinstein | CA | Richard | Harper | richard_harper@feinstein.senate.gov | 224-3841 | Co-sponsor |
Michael | Bennet | CO | Sergio | Gonzales | sergio_gonzales@bennet.senate.gov | 224-5852 | |
Mark | Udall | CO | Casey | Howard | casey_howard@markudall.senate.gov | 224-5941 | |
Richard | Blumenthal | CT | Ethan | Saxon | ethan_saxon@blumenthal.senate.gov | 224-2823 | |
Joe | Lieberman | CT | ? | ? | ? | 224-4041 | |
Thomas | Carper | DE | Olivia | Hayden | olivia_hayden@carper.senate.gov | 224-2441 | |
Christopher | Coons | DE | Halie | Soifer | halie_soifer@coons.senate.gov | 224-5042 | |
Bill | Nelson | FL | Marin | Stein | marin_stein@billnelson.senate.gov | 224-5274 | |
Marco | Rubio | FL | Victor | Cervino | victor_cervino@rubio.senate.gov | 224-3041 | Co-sponsor |
Saxby | Chambliss | GA | Brandon | Bell | brandon_bell@chambliss.senate.gov | 224-3521 | |
Johnny | Isakson | GA | Chris | Sullivan | chris_sullivan@isakson.senate.gov | 224-3643 | |
Daniel | Akaka | HI | Nick | Ikeda | nick_ikeda@akaka.senate.gov | 224-6361 | |
Daniel | Inouye | HI | Mary | Yoshioka | mary_yoshioka@inouye.senate.gov | 224-3934 | |
Chuck | Grassley | IA | Kurt | Kovarik | kurt_kovarik@grassley.senate.gov | 224-3744 | |
Tom | Harkin | IA | Rosemary | Gutierrez | rosemary_gutierrez@harkin.senate.gov | 224-3254 | |
Mike | Crapo | ID | Ken | Flanz | ken_flanz@crapo.senate.gov | 224-6142 | |
James | Risch | ID | Chris | Socha | chris_socha@risch.senate.gov | 224-2752 | |
Richard | Durbin | IL | Ms. Erum | Ibrahim | erum_ibrahim@durbin.senate.gov | 224-2152 | |
Mark | Kirk | IL | Gretchen | Blum | gretchen_blum@kirk.senate.gov | 224-2854 | Co-sponsor |
Daniel | Coats | IN | Terry | Snell | terry_snell@coats.senate.gov | 224-5623 | |
Richard | Lugar* | IN | Keith | Luse | keith_luse@lugar.senate.gov | 224-4814 | Co-sponsor |
Jerry | Moran | KS | Jason | Wiens | jason_wiens@moran.senate.gov | 224-6521 | |
Pat | Roberts | KS | Theda | Owens | theda_owens@roberts.senate.gov | 224-4774 | |
Mitch | McConnell | KY | Reb | Brownell | reb_brownell@mcconnell.senate.gov | 224-2541 | |
Rand | Paul | KY | Brandon | Brooker | brandon_brooker@HSGAC.senate.gov | 224-4343 | |
Mary | Landrieu | LA | Libby | Whitbeck | libby_whitbeck@landrieu.senate.gov | 224-5824 | Co-sponsor |
David | Vitter | LA | Josh | Hodges | josh_hodges@vitter.senate.gov | 224-4623 | |
Scott | Brown | MA | William | Wright | william_wright@scottbrown.senate.gov | 224-4543 | |
John | Kerry** | MA | Jeremy | D’Aliosio | jeremy_d’aloisio@kerry.senate.gov | 224-2742 | Co-sponsor |
Benjamin | Cardin | MD | Katharine | Beamer | katharine_beamer@cardin.senate.gov | 224-4524 | Co-sponsor |
Barbara | Mikulski | MD | Erin | Neill | erin_neill@mikulski.senate.gov | 224-4654 | Co-sponsor |
Susan | Collins | ME | Peter | Halvorsen | peter_halvorsen@collins.senate.gov | 224-2523 | |
Olympia | Snowe | ME | Don | Green | don_green@snowe.senate.gov | 224-5344 | |
Carl | Levin | MI | Michael | Kuiken | michael_kuiken@armed-services.senate.com | 224-6221 | |
Debbie | Stabenow | MI | Doug | Messana | doug_messana@stabenow.senate.gov | 224-4822 | |
Al | Franken | MN | Jeff | Lomonaco | jeff_lomonaco@franken.senate.gov | 224-5641 | |
Amy | Klobuchar | MN | Marian | Grove | marian_grove@klobuchar.senate.gov | 224-3244 | |
Roy | Blunt | MO | Brian | Diffell | brian_diffell@blunt.senate.gov | 224-5721 | |
Claire | McCaskill | MO | Jason | Rauch | jason_rauch@mccaskill.senate.gov | 224-6154 | |
Thad | Cochran | MS | Will | Todd | will_todd@cochran.senate.gov | 224-5054 | |
Roger | Wicker | MS | Sarah | Drake | sarah_drake@wicker.senate.gov | 224-6253 | |
Max | Baucus | MT | Brittany | Beaulieu | brittany_beaulieu@baucus.senate.gov | 224-2651 | |
Jon | Tester | MT | Tony | McClain | tony_mcclain@tester.senate.gov | 224-2644 | |
Richard | Burr | NC | Cynthia | Ramos | cynthia_ramos@burr.senate.gov | 224-3154 | |
Kay | Hagan | NC | Rikkia | Ramsey | rikkia_ramsey@hagan.senate.gov | 224-6342 | |
Kent | Conrad | ND | Nathaniel | Luvtosky | nathaniel_luvtosky@conrad.senate.gov | 224-2043 | |
John | Hoeven | ND | Josh | Carter | josh_carter@hoeven.senate.gov | 224-2551 | |
Mike | Johanns | NE | Erin | Jeffery | erin_jeffery@johanns.senate.gov | 224-4224 | |
Ben | Nelson | NE | Ryan | Ehly | ryan_ehly@bennelson.senate.gov | 224-6551 | |
Kelly | Ayotte | NH | Brad | Bowman | brad_bowman@ayotte.senate.gov | 224-3324 | |
Jeanne | Shaheen | NH | Joel | Colony | joel_colony@shaheen.senate.gov | 224-2841 | |
Frank | Lautenberg | NJ | Allison | Peters | allinson_peters@lautenberg.senate.gov | 224-3224 | Co-sponsor |
Robert | Menendez | NJ | Ryan | Sellinger | ryan_sellinger@menendez.senate.gov | 224-4744 | |
Jeff | Bingaman | NM | Jeffry | Phan | jeffry_phan@bingaman.senate.gov | 224-5521 | |
Tom | Udall | NM | Matthew | Padilla | matthew_padilla@tomudall.senate.gov | 224-6621 | |
Dean | Heller | NV | Josh | Finestone | josh_finestone@heller.senate.gov | 224-6244 | |
Harry | Reid | NV | Jessica | Lewis | jessica_lewis@reid.senate.gov | 224-3542 | |
Kirsten | Gillibrand | NY | Elena | Broitman | elena_broitman@gillibrand.senate.gov | 224-4451 | Co-sponsor |
Chuck | Schumer | NY | Erin | Vaughn | erin_vaughn@schumer.senate.gov | 224-6542 | |
Sherrod | Brown | OH | Doug | Babcock | doug_babcock@brown.senate.gov | 224-2315 | |
Rob | Portman | OH | Brent | Bombach | brent_bombach@portman.senate.gov | 224-3353 | |
Tom | Coburn | OK | Jeremy | Hayes | jeremy_hayes@coburn.senate.gov | 224-5754 | |
James | Inhofe | OK | Joel | Starr | joel_starr@inhofe.senate.gov | 224-4721 | Co-sponsor |
Jeff | Merkley | OR | Will | White | will_white@merkley.senate.gov | 224-3753 | Co-sponsor |
Ron | Wyden | OR | Isaiah | Akin | isaiah_akin@wyden.senate.gov | 224-5244 | |
Robert | Casey | PA | Damian | Murphy | damian_murphy@casey.senate.gov | 224-6324 | |
Patrick | Toomey | PA | Dan | Adelstein | dan_adelstein@toomey.senate.gov | 224-4254 | |
Jack | Reed | RI | Carolyn | Chuhta | carolyn_chuhta@reed.senate.gov | 224-4642 | |
Sheldon | Whitehouse | RI | Ben | Weiner | ben_weiner@whitehouse.senate.gov | 224-2921 | |
Jim | DeMint | SC | Robert | Moore | robert_moore@demint.senate.gov | 224-6121 | |
Lindsey | Graham | SC | Matt | Rimkunas | matt_rimkunas@graham.senate.gov | 224-5972 | |
Tim | Johnson | SD | Karen | Kunze | karen_kunze@johnson.senate.gov | 224-5842 | |
John | Thune | SD | Jason | VanBeek | jason_vanbeek@thune.senate.gov | 224-2321 | |
Lamar | Alexander | TN | Erin | Reif | erin_reif@alexander.senate.gov | 224-4944 | |
Bob | Corker | TN | Stacie | Oliver | stacie_oliver@corker.senate.gov | 224-3344 | |
John | Cornyn | TX | E. Grace | Smitham | grace_smitham@cornyn.senate.gov | 224-2934 | |
Kay Bailey | Hutchison | TX | Coalter | Baker | coalter_baker@hutchison.senate.gov | 224-5922 | |
Orrin | Hatch | UT | William | Castle | william_castle@hatch.senate.gov | 224-5251 | |
Mike | Lee | UT | Miriam | Harmer | miriam_harmer@lee.senate.gov | 224-5444 | |
Mark | Warner | VA | Manica | Noziglia | manica_noziglia@warner.senate.gov | 224-2023 | |
Jim | Webb | VA | Marta | McLellanRoss | marta_mclellanross@webb.senate.gov | 224-4024 | |
Patrick | Leahy | VT | Tim | Rieser | tim_rieser@leahy.senate.gov | 224-4242 | Co-sponsor |
Bernard | Sanders | VT | Huck | Gutman | huck_gutman@sanders.senate.gov | 224-5141 | |
Maria | Cantwell | WA | Spencer | Launer | spencer_launer@cantwell.senate.gov | 224-3441 | |
Patty | Murray | WA | Lauren Renee | Overman | lauren_overman@murray.senate.gov | 224-4607 | Co-sponsor |
Ron | Johnson | WI | Alan | Elias | alan_elias@ronjohnson.senate.gov | 224-5323 | |
Herb | Kohl | WI | Harry | Stein | harry_stein@kohl.senate.gov | 224-5653 | |
Joe | Manchin | WV | Mr. Lee | Garton | lee_garton@manchin.senate.gov | 224-3954 | |
John | Rockefeller | WV | Nate | Adler | nate_adler@rockefeller.senate.gov | 224-6472 | |
John | Barrasso | WY | Amber | Bland | amber_bland@barrasso.senate.gov | 224-6441 | |
Michael | Enzi | WY | Wendy | Gnehm | wendy_gnehm@enzi.senate.gov | 224-3424 |
https://www.facebook.com/events/455708434462771/
If you are in the Seattle area, come join in the protest at the Consulate-General of Japan booth at the Aki Matsuri festival at the Bellevue College Main Campus 3000 Landerholm Circle SE, Bellevue, WA 98007. Contact Jeffery Morehouse with any specific questions. We will meet up at the Tully’s Coffee at 3080 148th Ave SE, Bellevue, WA 98007 to hand out the “Black Hole” t-shirts in advance. |
More on Keisuke’s Law
August 23, 2012
NBC interview with Randy Collins:
Press Releases from Senator Mimi Walters: Legislature Sends Two of Senator Walters’ Bills to Governor For Immediate Release: Wednesday, August 22, 2012 SACRAMENTO — Today, two bills authored by Senator Mimi Walters (R-Irvine), SB 1206 and SB 1174, were approved unanimously by the Legislature and now make their way to Governor Jerry Brown’s desk. SB 1206, also known as Keisuke’s (Case-K’s) Law, would prevent parents in a custody dispute from applying for new or replacement passports for their children without consent from the other parent. In addition, the measure would allow the District Attorney to order a freeze on the California assets of an individual who is alleged to have abducted a child. This bill was introduced at the request of a constituent, whose son, Keisuke, was abducted to Japan from Orange County in June 2008 and has not been returned. Since his son’s abduction Randy Collins has committed his life to deterring future child abductions. SB 1206 was approved by the State Senate on a 37-0 vote. The California Senate also approved SB 1174 on a 36-0 vote. The measure would allow 56-foot motorsports trailers to operate within California. Currently, California is the only state that does not allow these vehicles to drive within its borders. This prohibition has created a disincentive for racing organizations and teams to attend events held at California race tracks. SB 1174 removes a needless barrier to transporting racing vehicles and team equipment in California. As a result, the bill will enhance local economies by encouraging NASCAR and NHRA teams to continue bringing their cars to California and participating in local racing events. ### |
Passage of Keisuke’s Law being noted in Japanese media
August 21, 2012
Keisuke’s Law has been unanimously passed in the California legislature. The news is started to be noted in the Japanese media. Hopefully this legislation will become an important tool in helping prevent future child abductions to Japan:
http://www.47news.jp/news/2012/08/post_20120821140001.html#fb-root
“Abnormalities” traced back to Fukushima radioactive fallout
August 16, 2012
News reports like this are extremely worrisome to U.S. left-behind parents as well as parents in other countries with abducted dual citizen children being held in Japan. A number of these children are believed to be living in or very near the Fukushima radiation zone. The best interests of the child need to be considered by both the Japanese and foreign governments in cases such as this where the child’s future health is at risk. Particularly troubling is the finding that “abnormal” traits doubled among the second generation born, with radiation damage intensifying in future generations.
Japan Nuclear Accident: ‘Abnormalities’ in Butterflies Traced to Fukushima Plant
By Akiko Fujita | ABC News – Mon, Aug 13, 2012
Japanese scientists say “abnormalities” detected in the country’s butterflies may be a result of radioactive fallout from the Fukushima nuclear disaster last year. In a study published in Scientific Reports, an online journal, researchers say “artificial radionuclides” from the Fukushima Daiichi power plant caused “physiological and genetic damage” to pale grass blue butterflies.
Scientists first began tracking common butterflies around the nuclear plant two months after the disaster. They collected 121 insects, and found 12 percent of them had unusually small wings. That number jumped more than 5 percent when butterflies collected from the plant site had offspring of their own.
In another group of butterflies collected six months after the disaster, scientists found 28 percent had “abnormal” traits. That number nearly doubled among the second generation born.
“At the time of the accident, the populations of this species were overwintering as larvae and were externally exposed to artificial radiation,” the researchers wrote in their study. “It is possible that they ate contaminated leaves during the spring and were thus also exposed to internal radiation.”
It has been 17 months after the worst nuclear disaster since Chernobyl, and its effects on human health have largely been considered minimal, with no radiation-related deaths or illnesses reported so far. But traces of radioactive cesium exceeding government safety levels have been detected in seafood off the Fukushima coast, limiting the catch for fisherman there.
Tiny amounts of cesium of 137 and cesium 134 were detected in more than a dozen bluefin tuna caught near San Diego in August last year. The levels were 10 times higher than tuna found in previous years, but well below those the Japanese and US governments considered harmful to human health.
Another child abducted to Japan from Seattle
August 15, 2012
http://www.seattlepi.com/local/article/Charge-Unhappy-with-parenting-plan-Seattle-mom-3788325.php
Charge: Unhappy with parenting plan, Seattle mom took daughter to Japan
Mom latest of several such parents to face such charges in King County
BY LEVI PULKKINEN, SEATTLEPI.COM STAFF
Published 11:10 p.m., Tuesday, August 14, 2012
A Seattle mom accused of fleeing the country with her young daughter during a custody dispute is now facing felony charges in King County.
Prosecutors there claim Ryoko Fukuda absconded with her daughter the day she was supposed to hand over the girl’s Japanese passport.
According to charging documents, the girl’s father rushed to Sea-Tac Airport in an attempt to retrieve her. But prosecutors say Fukuda and the child were already flying to Japan.
Writing the court, Senior Deputy Prosecutor David Martin noted Fukuda had been ordered not to take the girl out of the country hours before she did exactly that.
Fukuda and the girl’s father dated but had broken up by the time Fukuda gave birth to the girl, Seattle Detective Jason Stolt told the court. The girl’s father and Fukuda each took out domestic violence protection orders against the other; the man told police he didn’t learn his daughter existed until 2009.
A parenting plan was first ordered in 2010. The plan gave the girl’s father visitation rights and required that either parent let the other know if their daughter was going to travel out of Washington.
On May 16, Fukuda, 34, and the girl’s father met with a King County court commissioner to discuss Fukuda’s plan to take the child to Japan. The girl’s father objected to the move.
The commissioner ordered both parents to surrender their daughter’s passports to Fukuda’s attorney for safekeeping until a final decision could be made. Stolt noted Fukuda had the girl’s Japanese passport.
At 2 p.m. the following day, the girl’s father called 911 to report that his daughter failed to arrive at her Broadview neighborhood elementary school that morning. Nor was the girl or Fukuda at their apartment.
Meeting with police an hour later, the man said Fukuda had failed to turn over their daughter’s Japanese passport. He said he was concerned Fukuda was preparing to flee the country, and he worried he’d never see his daughter again.
Leaving the meeting with police, the man drove to Sea-Tac Airport hoping to learn whether his daughter had been flown out of the country. With the help of Port of Seattle police and State Department officials, the man determined Fukuda and his daughter left the country at 2 a.m. that morning.
The detective told the court he has since confirmed that Fukuda and the girl are in Japan.
Fukuda has now been charged with first-degree custodial interference.
If similar cases filed in recent years are any measure, prosecutors will have a difficult time getting Fukuda before a King County judge.
Similar charges filed separately against two other Japanese women alleged to have fled the Seattle area for Japan have gone nowhere so far.
In 2009, Mayumi Ogawa fled the country weeks after a Superior Court judge approved an parenting plan stating that her son would split his time between his parents. The boy’s father has since been awarded sole control of the child, Ogawa remains at large and charged with first-degree custodial interference.
Michiyo Imoto Morehouse, 44, was charged with the same crime in 2010 after fleeing the country with her son. Her ex-husband had been awarded sole custody of the child; she remains at large.
In recent years, U.S. authorities have seen an increase in the number of international custodial child abductions. Watchdogs on the issue say there are currently more than 1,000 such open cases involving U.S. parents whose children have been taken overseas.
Speaking with seattlepi.com in 2009, Ernie Allen, president of the National Center for Missing and Exploited Children, said custodial child abduction is on the rise.
Unlike the United States and 80 other countries, the Japanese government has not ratified the Hague Convention on International Child Abduction. The 29-year-old United Nations accord requires that member countries honor custody agreements made outside their borders unless doing so threatens the child involved.
Allen said that even when the country in question has signed on to the Hague Convention, a child’s return is not assured.
“The cases where we don’t get children returned aren’t just from places like Iran,” Allen said in March 2009. “There are a host of horror stories out there.”
Another recent case has had something of a happy ending.
After months of work, the Redmond mother of a boy whose father had taken him to Morocco was able to retrieve her son and return him to Washington. Still, the boy’s father, Mouad Aimane Elbou, has not faced the charge against him.
Check the Seattle 911 crime blog for more Seattle crime news. Visit seattlepi.com‘s home page for more Seattle news.
Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com. Follow Levi on Twitter at twitter.com/levipulk.
Keisuke’s Law to be voted on by California State Assembly
August 14, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JULY 2, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Walters
FEBRUARY 22, 2012
An act to amend Sections 2040 and 3134.5 of the Family Code,
relating to child abduction prevention.
LEGISLATIVE COUNSEL’S DIGEST
SB 1206, as amended, Walters. Child abduction prevention.
(1) Existing law requires, upon the commencement of proceedings
for dissolution or nullity of marriage or legal separation of the
parties, that the summons contain a temporary restraining order
restraining both parties from, among other things, removing the minor
child or children of the parties, if any, from the state without the
prior written consent of the other party or an order of the court.
This bill would, additionally, provide that the temporary
restraining order restrain the parties from applying for a new or
replacement passport for the minor child or children of the parties
without the prior written consent of the other party or an order of
the court.
(2) Existing law authorizes the court, upon request of the
district attorney, to issue a protective custody warrant to secure
the recovery of an unlawfully detained or concealed child. The
protective custody warrant for the child is required to contain an
order that the arresting agency shall place the child in protective
custody, or return the child as directed by the court.
This bill would authorize the court to also include within the
protective custody warrant for the child an order to freeze the
California assets, as defined, of the party alleged to be in
possession of the child. The bill would provide that, upon noticed
motion, any order to freeze assets pursuant to these provisions may
be terminated, modified, or vacated by the court upon a finding that
the release of the assets will not jeopardize the safety or best
interest of the child. The bill would also require that if an asset
freeze order is entered pursuant to these provisions, and the court
subsequently dismisses the protective custody warrant for the child,
notice of the dismissal be immediately served on specified entities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as Keisuke’s
Law.
SEC. 2. Section 2040 of the Family Code is amended to read:
2040. (a) In addition to the contents required by Section 412.20
of the Code of Civil Procedure, the summons shall contain a temporary
restraining order:
(1) Restraining both parties from removing the minor child or
children of the parties, if any, from the state, or from applying for
a new or replacement passport for the minor child or children,
without the prior written consent of the other party or an order of
the court.
(2) Restraining both parties from transferring, encumbering,
hypothecating, concealing, or in any way disposing of any property,
real or personal, whether community, quasi-community, or separate,
without the written consent of the other party or an order of the
court, except in the usual course of business or for the necessities
of life, and requiring each party to notify the other party of any
proposed extraordinary expenditures at least five business days
before incurring those expenditures and to account to the court for
all extraordinary expenditures made after service of the summons on
that party.
Notwithstanding the foregoing, nothing in the restraining order
shall preclude a party from using community property, quasi-community
property, or the party’s own separate property to pay reasonable
attorney’s fees and costs in order to retain legal counsel in the
proceeding. A party who uses community property or quasi-community
property to pay his or her attorney’s retainer for fees and costs
under this provision shall account to the community for the use of
the property. A party who uses other property that is subsequently
determined to be the separate property of the other party to pay his
or her attorney’s retainer for fees and costs under this provision
shall account to the other party for the use of the property.
(3) Restraining both parties from cashing, borrowing against,
canceling, transferring, disposing of, or changing the beneficiaries
of any insurance or other coverage, including life, health,
automobile, and disability, held for the benefit of the parties and
their child or children for whom support may be ordered.
(4) Restraining both parties from creating a nonprobate transfer
or modifying a nonprobate transfer in a manner that affects the
disposition of property subject to the transfer, without the written
consent of the other party or an order of the court.
(b) Nothing in this section restrains any of the following:
(1) Creation, modification, or revocation of a will.
(2) Revocation of a nonprobate transfer, including a revocable
trust, pursuant to the instrument, provided that notice of the change
is filed and served on the other party before the change takes
effect.
(3) Elimination of a right of survivorship to property, provided
that notice of the change is filed and served on the other party
before the change takes effect.
(4) Creation of an unfunded revocable or irrevocable trust.
(5) Execution and filing of a disclaimer pursuant to Part 8
(commencing with Section 260) of Division 2 of the Probate Code.
(c) In all actions filed on and after January 1, 1995, the summons
shall contain the following notice:
“WARNING: California law provides that, for purposes of division
of property upon dissolution of marriage or legal separation,
property acquired by the parties during marriage in joint form is
presumed to be community property. If either party to this action
should die before the jointly held community property is divided, the
language of how title is held in the deed (i.e., joint tenancy,
tenants in common, or community property) will be controlling and not
the community property presumption. You should consult your attorney
if you want the community property presumption to be written into
the recorded title to the property.”
(d) For the purposes of this section:
(1) “Nonprobate transfer” means an instrument, other than a will,
that makes a transfer of property on death, including a revocable
trust, pay on death account in a financial institution, Totten trust,
transfer on death registration of personal property, or other
instrument of a type described in Section 5000 of the Probate Code.
(2) “Nonprobate transfer” does not include a provision for the
transfer of property on death in an insurance policy or other
coverage held for the benefit of the parties and their child or
children for whom support may be ordered, to the extent that the
provision is subject to paragraph (3) of subdivision (a).
(e) The restraining order included in the summons shall include
descriptions of the notices required by paragraphs (2) and (3) of
subdivision (b).
SEC. 3. Section 3134.5 of the Family Code is amended to read:
3134.5. (a) Upon request of the district attorney, the court may
issue a protective custody warrant to secure the recovery of an
unlawfully detained or concealed child. The request by the district
attorney shall include a written declaration under penalty of perjury
that a warrant for the child is necessary in order for the district
attorney to perform the duties described in Sections 3130 and 3131.
The protective custody warrant for the child shall contain an order
that the arresting agency shall place the child in protective
custody, or return the child as directed by the court. The protective
custody warrant for the child may also contain an order to freeze
the California assets of the party alleged to be in possession of the
child. The protective custody warrant may be served in any county in
the same manner as a warrant of arrest and may be served at any time
of the day or night. For purposes of this subdivision, “assets”
means funds held in a depository institution, as defined in
subdivision (a) of Section 1420 of the Financial Code, in California
(b) Upon a declaration of the district attorney that the child has
been recovered or that the warrant is otherwise no longer required,
the court may dismiss the warrant without further court proceedings.
(c) Upon noticed motion, any order to freeze assets pursuant
to subdivision (a) may be terminated, modified, or vacated by
the court upon a finding that the release of the assets will not
jeopardize the safety or best interest of the child.
(d) If an asset freeze order is entered pursuant to subdivision
(a), and the court subsequently dismisses the warrant pursuant to
subdivision (b), notice of the dismissal shall be immediately served
on the depository institutions holding any assets pursuant to the
freeze order.