Information Duty of the Authoritative Parent
The information duty of the authoritative parent obliges the parent with parental authority to inform the other parent timely and fully about important matters concerning the person and the assets of the child. This also applies if the other parent has no authority. The rule is laid down in article 1:377 of the Dutch Civil Code (BW) and ensures the involvement of both parents in the upbringing, also in Zoetermeer.
Legal Basis of the Information Duty
The information duty of the authoritative parent is regulated in article 1:377 paragraph 1 of the Civil Code: "The parent with authority over the child must inform the other parent timely about important matters concerning the person and the assets of the child." In case of joint authority, this applies to both parents, as in article 1:251 Civil Code.
In case of sole authority, for example after a divorce where one parent is awarded authority, the duty rests solely on the authoritative parent. The Supreme Court (judgment ECLI:NL:HR:2018:1955) holds that 'timely' means as soon as possible, so that the other parent can respond. Non-compliance may result in a penalty payment via the court (article 1:377 paragraph 3 Civil Code). In Zoetermeer, this falls under the District Court of The Hague (district).
This law protects the equal role of parents after divorce and aligns with article 9 of the UN Convention on the Rights of the Child, which safeguards contact with both parents.
What are 'Important Matters'?
'Important matters' broadly include matters concerning the child's health, development, place of residence or finances. The court decides on a case-by-case basis, but case law provides examples:
- Health: Illness, hospital admission, vaccinations or medication.
- Education: School choice, report cards, transition or school problems.
- Residence and care: Moving house, sleepover arrangements, holidays or changes in schedule.
- Assets: Inheritances, savings, major purchases or debts.
- Other: Religion, sports or behavioral issues.
Daily trivia such as a simple cold do not always need to be reported, but in case of doubt: always notify.
Difference Between Joint and Sole Authority
| Joint Authority | Sole Authority | |
|---|---|---|
| Information Duty | Mutual | Solely on the authoritative parent |
| Consent Required | Yes, for important matters (art. 1:251 para. 2 Civil Code) | No, but must inform |
| Enforcement | Both parents can take action | Non-authoritative parent claims penalty payment |
Read more about joint authority in our article Parental Authority.
Practical Examples of the Information Duty
Example: After divorce, mother in Zoetermeer has sole authority. Father has contact. In case of the child's appendectomy, mother must notify father timely, ideally before the procedure. Otherwise, she risks a court complaint.
Example 2: With joint authority, one parent chooses a new school in Zoetermeer without consultation. The other must be informed; without consent, the court decides (art. 1:251 Civil Code).
Example 3: Father moves with the child to another neighborhood in Zoetermeer. Mother must receive the new address and school information. In case of an inheritance of €10,000: share bank details.
Disputes often occur via WhatsApp or email. Keep everything as evidence for the District Court of The Hague.
Rights and Duties of Parents
Duties of the authoritative parent:
- Notify timely: immediately in case of urgency, quickly for non-urgent matters.
- Fully: with facts, documents and decisions.
- Await response and discuss.
Rights of the non-authoritative parent:
- Request information without permission.
- Respond and be involved.
- Approach the court in case of violation (art. 1:377 para. 3 Civil Code).
With joint authority, the right of consent applies to major matters (art. 1:251 para. 2 Civil Code).
Enforcement of the Information Duty
Not complied with? Steps in Zoetermeer:
- Remind by registered letter.
- Mediator via Legal Aid Office Zoetermeer (free advice).
- Provisional measure at the District Court of The Hague with penalty payment.
For help: visit the Legal Aid Office Zoetermeer or consult the District Court of The Hague website for local hearing dates.