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Court Rules

California Rules of Court

Rule 5.448. Minor's request to marry or establish a domestic partnership

Cal. Rules of Court, rule 5.448

Current text effective January 1, 2020.

#(a) Application

#(1) This rule implements Family Code sections 297.1, 303, and 304, allowing a person under 18 years of age (a minor) to seek a court order for permission to marry or establish a domestic partnership.

#(2) The responsibilities of Family Court Services under (c) apply equally to courts that adopt a confidential child custody mediation program, recommending child custody counseling, or a tiered/hybrid program.

#(3) For the purpose of this rule, the terms "parent" and "parent with legal authority" are used interchangeably.

#(b) Required initial filings

#(1) The minor and the minor's proposed spouse or domestic partner must complete and file with the court clerk a Request of Minor to Marry or Establish a Domestic Partnership (form FL-910).

#(2) Unless the minor has no parent or legal guardian capable of consenting, each minor must file, in addition to form FL-910, the written consent from a parent with legal authority to provide consent or a legal guardian. Consent for Minor to Marry or Establish a Domestic Partnership (form FL-912) may be used for this purpose.

#(c) Responsibilities of Family Court Services

Unless the minor is 17 years of age and has achieved a high school diploma or a high school equivalency certificate, Family Court Services must:

#(1) Interview the parties intending to marry or establish a domestic partnership.

#(A) The parties must initially be interviewed separately; and

#(B) The parties may subsequently be interviewed together.

#(2) Interview at least one of the parents or the legal guardian of each party who is a minor, if the minor has a parent or legal guardian. If more than one parent or legal guardian is interviewed, the parents or guardians must be interviewed separately.

#(3) Inform the parties that Family Court Services must:

#(A) Prepare a written report, including recommendations for granting or denying the parties permission to marry or establish a domestic partnership;

#(B) Provide the parties and the court with a copy of the report; and

#(C) Submit a report of known or suspected child abuse or neglect to the county child protective services agency if Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect.

#(4) Prepare a written report, which must:

#(A) Include an assessment of any potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage or domestic partnership;

#(B) Include recommendations for granting or denying the parties permission to marry or establish a domestic partnership; and

#(C) Be submitted to the parties and the court.

#(5) Protect party confidentiality in:

#(A) Storage and disposal of records and any personal information gathered during the interviews; and

#(B) Management of written reports containing recommendations for either granting or denying permission for a minor to marry or establish a domestic partnership.

#(d) Responsibilities of judicial officer

In determining whether to issue a court order granting permission for the minor to marry or establish a domestic partnership:

#(1) The judicial officer must:

#(A) If Family Court Services is required to interview the parties, do the following before making a final determination:

#(i) Separately and privately interview each of the parties; and

#(ii) Consider whether there is any evidence of coercion or undue influence on the minor.

#(B) Complete Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership (form FL-915).

#(2) The judicial officer may order that the parties:

#(A) Appear at a hearing to consider whether it is in the best interest of the minor to marry or establish a domestic partnership.

#(B) Participate in counseling concerning the social, economic, and personal responsibilities incident to the marriage or domestic partnership before the marriage or domestic partnership is established. The judicial officer:

#(i) Must not require the parties to confer with counselors provided by religious organizations of any denomination;

#(ii) Must consider, among other factors, the ability of the parties to pay for the counseling in determining whether to order the parties to participate in counseling;

#(iii) May impose a reasonable fee to cover the cost of any counseling provided by the county or the court; and

#(iv) May require the parties to file a certificate of completion of counseling before granting permission to marry or establish a domestic partnership.

#(e) Waiting period

After obtaining a court order granting a minor permission to marry or establish a domestic partnership, the parties must wait 30 days from the date the court made the order before filing a marriage license or filing a declaration of domestic partnership. This waiting period is not required if the minor is:

#(1) 17 years of age and has a high school diploma or a high school equivalency certificate; or

#(2) 16 or 17 years of age and is pregnant or whose prospective spouse or domestic partner is pregnant.

#History

Rule 5.448 adopted effective January 1, 2020.

What this rule requires

Filing Timing and Cure Windows

  • After obtaining a court order granting a minor permission to marry or establish a domestic partnership, the parties must wait 30 days from the date the court made the order before filing a marriage license or filing a declaration of domestic partnership.

Filing Fees and Waivers

  • (iii) May impose a reasonable fee to cover the cost of any counseling provided by the county or the court; and

Document Filing Requirements

  • (1) The minor and the minor's proposed spouse or domestic partner must complete and file with the court clerk a Request of Minor to Marry or Establish a Domestic Partnership (form FL-910).

  • Each minor must file written consent from a parent with legal authority or a legal guardian in addition to form FL-910, unless no such person is capable of consenting; form FL-912 may be used.

    The rule's wording

    (2) Unless the minor has no parent or legal guardian capable of consenting, each minor must file, in addition to form FL-910, the written consent from a parent with legal authority to provide consent or a legal guardian. Consent for Minor to Marry or Establish a Domestic Partnership (form FL-912) may be used for this purpose.
  • (1) Interview the parties intending to marry or establish a domestic partnership.

  • (A) The parties must initially be interviewed separately;

  • (B) The parties may subsequently be interviewed together.

  • (2) Interview at least one of the parents or the legal guardian of each party who is a minor, if the minor has a parent or legal guardian.

  • If more than one parent or legal guardian is interviewed, the parents or guardians must be interviewed separately.

  • (3) Inform the parties that Family Court Services must:

  • (C) Submit a report of known or suspected child abuse or neglect to the county child protective services agency if Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect.

  • (4) Prepare a written report, which must:

  • (A) Include an assessment of any potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage or domestic partnership;

  • (B) Include recommendations for granting or denying the parties permission to marry or establish a domestic partnership; and

  • (C) Be submitted to the parties and the court.

  • (i) Separately and privately interview each of the parties;

  • (ii) Consider whether there is any evidence of coercion or undue influence on the minor.

  • (B) Complete Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership (form FL-915).

  • (A) Appear at a hearing to consider whether it is in the best interest of the minor to marry or establish a domestic partnership.

  • (B) Participate in counseling concerning the social, economic, and personal responsibilities incident to the marriage or domestic partnership before the marriage or domestic partnership is established.

  • (i) Must not require the parties to confer with counselors provided by religious organizations of any denomination;

  • (ii) Must consider, among other factors, the ability of the parties to pay for the counseling in determining whether to order the parties to participate in counseling;

  • (iv) May require the parties to file a certificate of completion of counseling before granting permission to marry or establish a domestic partnership.

Sealing & Redaction Procedures

  • (A) Storage and disposal of records and any personal information gathered during the interviews; and

  • (B) Management of written reports containing recommendations for either granting or denying permission for a minor to marry or establish a domestic partnership.

Official text: courts.ca.gov , checked October 19, 2026.