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 duty is laid down in Article 1:377 CC and ensures the involvement of both parents in the upbringing, also in Westland.
Legal Basis in Westland
The information duty of the authoritative parent is regulated in Article 1:377 paragraph 1 CC: "The parent with authority over the child must 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 parents (Article 1:251 CC).
In the case of sole authority, often after divorce, the duty rests solely on the authoritative parent. The District Court of The Hague (district Westland) follows judgments such as ECLI:NL:HR:2018:1955: 'timely' means as soon as possible. In case of non-compliance, a penalty payment may be imposed (Article 1:377 paragraph 3 CC). This is in line with the UN Convention on the Rights of the Child (Article 9).
What are 'important matters'?
'Important matters' include health, development, residence and finances. The judge in The Hague assesses on a case-by-case basis, with these examples:
- Health: Illness, hospital admission, vaccinations or medication.
- Education: School choice, grades, transition or school problems.
- Residence: Move within Westland, sleepover arrangement, holidays or care changes.
- Assets: Inheritance, savings, major purchases or child debts.
- Other: Religion, sports or behavioral issues.
Daily trivia such as a simple cold do not need to be reported, but report in case of doubt.
Joint vs. Sole Authority
| Joint Authority | Sole Authority | |
|---|---|---|
| Information Duty | Mutual | Solely on the authoritative parent |
| Consent Required | Yes for major matters (art. 1:251 paragraph 2 CC) | No, but information required |
| Enforcement | Both can litigate | Penalty payment via District Court of The Hague |
See also Parental Authority in Westland.
Examples from Practice
Mother has sole authority after divorce in Westland. Father has contact. In case of an appendectomy, mother must notify father timely, ideally in advance. Failure to do so? Complaint to District Court of The Hague.
In case of joint authority: one parent chooses a new school without consultation. Inform the other; in case of disagreement, the judge decides (art. 1:251 CC).
Father moves within Westland: share address, school and details. In case of inheritance of €10,000: show bank statements. Use WhatsApp/email and keep as evidence.
Duties and Rights
Duties of the authoritative parent:
- Notify timely: immediately in emergencies, quickly otherwise.
- Completely: facts, documents and decisions.
- Await response.
Rights of the non-authoritative parent:
- Information without permission.
- Respond and be involved.
- Court via Juridisch Loket Westland or District Court of The Hague.
In case of joint authority: right of consent for major matters (art. 1:251 paragraph 2 CC).
Enforcement in Westland
In case of breach:
- Registered reminder.
- Mediator (often free via Juridisch Loket Westland).
- District Court of The Hague for penalty payment.
Contact Juridisch Loket Westland for free advice or District Court of The Hague (district Westland) in case of disputes.