Information Duty of the Authoritative Parent
The information duty of the authoritative parent obliges the parent with parental authority to inform the other parent in a timely and complete manner about important matters concerning the person and the assets of the child. This applies even if the other parent does not exercise authority. The duty is laid down in article 1:377 of the Dutch Civil Code (CC) and promotes the involvement of both parents in the upbringing. In Utrecht, in case of disputes, you can go to the District Court Midden-Nederland, Vrouwe Justitiaplein 1, or obtain free advice from the Juridisch Loket Utrecht, Catharijnesingel 55.
Legal Basis of the Information Duty
The information duty of the authoritative parent is primarily regulated in article 1:377 paragraph 1 CC: "The parent charged with authority over the child is obliged to inform the other parent in a timely manner about important matters concerning the person and the assets of the child." In the case of joint authority, this duty applies reciprocally, as intended in article 1:251 CC.
In the case of sole authority (for example, after a divorce where one parent is awarded authority), the duty rests exclusively on the authoritative parent. The Supreme Court has emphasized in judgments such as ECLI:NL:HR:2018:1955 that 'timely' means: as soon as possible, so that the non-authoritative parent can respond or be involved. Non-compliance can lead to a penalty payment via the court (article 1:377 paragraph 3 CC), which in Utrecht can be requested from the District Court Midden-Nederland.
This regulation was introduced to safeguard the equal position of parents, even after separation. It aligns with the UN Convention on the Rights of the Child (article 9), which protects the child's right to contact with both parents.
What Falls Under 'Important Matters'?
The law defines 'important matters' broadly. It concerns matters that affect the health, development, place of residence or finances of the child. The court assesses this on a case-by-case basis, but case law provides guidelines:
- Health: Illness, hospital admission in Utrecht hospitals such as UMC Utrecht, vaccinations or medication.
- Education: School choice in Utrecht, report cards, transfer or problems at school.
- Residence and Care: Moving within or outside Utrecht, sleepovers, holidays or changes in care schedule.
- Assets: Inheritance, savings account, major expenses or debts of the child.
- Other: Religious upbringing, sports clubs in Utrecht or behavioral problems.
Minor daily matters, such as a cold, do not always need to be reported, but in case of doubt, it is wise to report. For questions, contact Juridisch Loket Utrecht.
Difference Between Joint and Sole Authority
| Joint Authority | Sole Authority | |
|---|---|---|
| Information Duty | Reciprocal | Only on the authoritative parent |
| Consent Required | Yes, for major matters (art. 1:251 paragraph 2 CC) | No, but must inform |
| Enforcement | Both parents can complain to District Court Midden-Nederland | Non-authoritative parent can claim penalty payment |
For more on joint authority, see our article Parental Authority.
Practical Examples of the Information Duty
Suppose: mother has sole authority after divorce in Utrecht. Father has visitation rights. If the child needs an appendectomy at UMC Utrecht, mother must inform father timely, preferably before the operation. Failure to report can lead to a complaint to the District Court Midden-Nederland.
Example 2: With joint authority, one parent chooses a new school in Utrecht without consultation. The other must be informed about the choice, and in case of non-consent, the court can decide (art. 1:251 CC).
Example 3: Father moves with the child to another neighborhood in Utrecht. He must inform mother, including the new address and school. In asset matters, such as an inheritance of €10,000, the bank statement must be shared.
In practice, disputes often run via WhatsApp or email. Always keep this communication as evidence for a court procedure.
Rights and Duties of Parents
Duties of the authoritative parent:
- Inform timely: immediately in acute matters, within a reasonable term for non-urgent.
- Complete information: facts, documents and decisions.
- Act on the other's response.
Rights of the non-authoritative parent:
- Access to information without having to ask permission.
- Give response and demand involvement.
- Involve the court in case of breach (art. 1:377 paragraph 3 CC) via District Court Midden-Nederland.
With joint authority, both parents have a right of consent for major matters (art. 1:251 paragraph 2 CC), which goes further than information alone.
Enforcement of the Information Duty
If the information duty of the authoritative parent is not complied with, you can:
- Remind via registered letter.
- Involve a mediator (free via legal aid in Utrecht).
- Start a procedure at the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht, for a penalty payment.
- Obtain free information at the Juridisch Loket Utrecht, Catharijnesingel 55.
In Utrecht, there are also local mediation services available for parents in conflict. This way, the law safeguards the involvement of both parents