Spouse Pull a fast one on me? Kids passports w/o me knowing.

[DaWorstDa]

Does this still apply?

The reason I am asking is because my Brothers
> 4 kids (all under 14) received their USA passports (they were born in Canada to USA
> citizen (mother), just relocated to USA, brother stuck in Canada on
> Visa issues..)...

And what does it mean if this rule DOES apply.!!!
> He was not notified of the application and custody is shared... as far
> as he knows. Has his wife pulled a fast one on him somehow? (State
> of residence - California)
>
> On July 2, 2001, the Department of State began implementation of the
> new law (Section 236 of P.L. 106-113) regarding the passport
> applications of minor U.S. citizens under age 14. Under this law, a
> person applying for a U.S. passport for a child under 14 must
> demonstrate that both parents consent to the issuance of a passport to
> the child or that the applying parent has sole authority to obtain the
> passport. This law covers passport applications made at domestic U.S.
> passport agencies in the United States and at U.S. consular offices
> abroad. Exceptions to this requirement may be made in special family
> circumstances, or exigent circumstance that necessitate immediate
> travel by the child.
> The purpose of the requirement that both parents' consent be
> demonstrated is to lessen the possibility that a U.S. passport might
> be used in the course of an international parental child abduction.

 

[Jackolantern]

Yes, that rule still applies. Both parents' consent is required for children under 16, unless the other parent is deceased or had their parental rights terminated.

They don't notify the other parent; either they'll issue the children's passports, or reject it and ask for the other parent to be present or require written proof of the other parent's consent (or death or termination of parental rights).

If the children were taken out of Canada without your brother's consent, and he still has parental rights, that is against the law and his wife could lose custody and be sent to prison.