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 also applies if the other parent has no authority. The rule is laid down in Article 1:377 CC and ensures the involvement of both parents in the upbringing, also in Delft and surroundings.
Legal Basis
Central is Article 1:377 paragraph 1 CC: "The parent with authority 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 applies to both (Article 1:251 CC).
In the case of sole authority, often after divorce, the duty rests solely on the authority holder. The Supreme Court (ECLI:NL:HR:2018:1955) rules that 'timely' means as soon as possible. Non-compliance? Then a penalty payment may follow via the Den Haag District Court (district Delft, art. 1:377 paragraph 3 CC). This fits with the UN Convention on the Rights of the Child (art. 9).
What are important matters?
The law defines this broadly: health, development, residence or finances. Judges assess on a case-by-case basis, but case law mentions:
- Health: Illnesses, admissions, vaccinations, medications.
- Education: School choice, results, transition or school problems.
- Residence: Moves, sleepover arrangements, holidays, care changes.
- Assets: Inheritances, savings, major expenses, debts.
- Other: Religion, sports, behavioral issues.
Daily trivia such as a simple cold not always, but in case of doubt: always report.
Joint vs. Sole Authority
| Joint Authority | Sole Authority | |
|---|---|---|
| Information Duty | Mutual | Solely on authority holder |
| Consent Required | Yes, for major matters (art. 1:251 paragraph 2 CC) | No, informing suffices |
| Enforcement | Both can litigate | Penalty payment via Den Haag District Court |
Read more in our article Parental Authority.
Practical Examples
Mother has sole authority after divorce in Delft. Father has contact. In case of an appendectomy, mother must call father timely, ideally before the procedure. Otherwise: complaint to the judge.
In joint authority: one parent chooses school without consultation. Inform the other; in dispute, the Den Haag District Court decides.
Father moves elsewhere in the Delft region: share address, new school. In case of inheritance of €10,000: show bank statements. Use WhatsApp/email and keep everything.
Duties and Rights
Duties of authority holder:
- Report timely: immediately in emergencies, quickly otherwise.
- Completely: with facts and documents.
- Take response seriously.
Rights of other parent:
- Request information without permission.
- Respond and contribute ideas.
- Court via art. 1:377 paragraph 3 CC.
In joint authority: additional right of consent (art. 1:251 paragraph 2 CC).
Enforcement in Delft
Not complied with?
- Remind by registered letter.
- Try free mediation via Juridisch Loket Delft.
- Go to Den Haag District Court for penalty payment or measures.
For advice: visit the Juridisch Loket Delft or consult the Den Haag District Court (district).