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 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, also in regions such as Rotterdam.
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 timely about important matters concerning the person and the assets of the child." In case of joint authority, this duty applies reciprocally, as meant in article 1:251 CC.
In case of sole authority (for example after a divorce where one parent gets 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. Non-compliance can lead to a penalty payment via the court (article 1:377 paragraph 3 CC), for example at District Court Rotterdam, Wilhelminaplein 100-125.
This regulation safeguards the equal position of parents after separation and aligns with the UN Convention on the Rights of the Child (article 9).
What Falls Under 'Important Matters'?
The law defines 'important matters' broadly: matters concerning health, development, place of residence or finances. Judges assess on a case-by-case basis, but case law provides guidelines:
- Health: Illness, hospital admission, vaccinations or medication.
- Education: School choice in Rotterdam, report cards, transfer or school problems.
- Residence and Care: Moving within or outside Rotterdam, sleepovers, holidays or care schedule changes.
- Assets: Inheritance, savings account, major expenses or debts.
- Other: Religious upbringing, sports clubs or behavioral problems.
Minor matters such as a cold do not always need to be reported, but in case of doubt, report via e-mail or WhatsApp.
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 still inform |
| Enforcement | Both parents can complain | Non-authoritative parent can claim penalty payment at District Court Rotterdam |
For more on joint authority, see our article Parental Authority.
Practical Examples in Rotterdam
Suppose: mother has sole authority after divorce. Father has contact rights. In case of an appendectomy in a Rotterdam hospital, mother must inform father timely, preferably before the procedure. Failure to report can lead to a complaint at District Court Rotterdam.
Example 2: In case of joint authority, one parent chooses a new school in Rotterdam-South without consultation. The other must be informed; if no consent, the judge decides (art. 1:251 CC).
Example 3: Father moves with the child to Rotterdam-North. He must inform mother about the new address and school. In case of an inheritance of €10,000, the bank statement must be shared.
Keep communication (WhatsApp, e-mail) as evidence for proceedings at District Court Rotterdam.
Rights and Duties of Parents
Duties of the authoritative parent:
- Inform timely: immediately in acute matters, within a reasonable term otherwise.
- Full information: share facts, documents and decisions.
- Take the other's response seriously.
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).
In case of joint authority, right of consent applies to major matters (art. 1:251 paragraph 2 CC).
Enforcement of the Information Duty in Rotterdam
In case of non-compliance with the information duty of the authoritative parent:
- Remind via registered letter.
- Involve free mediator or Juridisch Loket Rotterdam, Westblaak 180.
- Start procedure at District Court Rotterdam, Wilhelminaplein 100-125 for penalty payment.
The Juridisch Loket offers first free advice for Rotterdam parents in family law disputes.