Information Right for Parent Without Parental Authority in Westland
The information right for a parent without parental authority ensures that a parent in Westland without parental authority stays informed about the care and development of their child. This right maintains involvement with the child, even when authority lies with the other parent or a guardian. In this article for Westland residents, we explain this family law aspect, including the legal basis, your rights and obligations, and examples from local practice. For personal advice, contact Het Juridisch Loket Westland.
What does the information right entail for parents without parental authority in Westland?
In Westland, where many families deal with separations due to the dynamic community, lacking authority means you do not co-decide on day-to-day matters such as medical treatments or school choices. Nevertheless, the law grants you access to essential information about your child's health, educational performance, living conditions, and general well-being. This information right helps sustain the parent-child relationship and prevents isolation of the parent.
The parent with authority in Westland is required to provide regular updates. This right applies during the child's minority, unless there are risks to the child, such as in cases of domestic violence. It builds on the general right to information about your child, but focuses specifically on situations without authority. The Municipality of Westland also offers support for family matters.
Legal basis in family law
The information right for a parent without parental authority is set out in Book 1 of the Dutch Civil Code (DCC). Central to it is Article 1:377(1) DCC, which grants the parent without authority access to documents concerning the upbringing and care of the minor child, such as school reports, health records, and residence information.
Article 1:261 DCC emphasizes the equal standing of parents in exercising authority, except in cases of deviation. The judge at the Westland District Court may restrict this right under Article 1:377(3) DCC if disclosure harms the child. These rules are rooted in Article 9 of the UN Convention on the Rights of the Child, which safeguards contact with both parents.
In Westland proceedings, often related to divorces or partnership dissolutions, the Westland District Court applies these provisions. For more insights on authority, read our article on parental authority. Het Juridisch Loket Westland provides free initial assistance for such issues.
Rights and obligations for parents without parental authority
Rights
- Periodic updates: Feel free to request information in Westland about school, health, and hobbies; the parent with authority must respond within a reasonable time.
- Access to documents: Review reports, medical notes, and education plans, as long as it does not burden the child.
- Consultation on major decisions: For relocations or interventions in Westland, the other parent must inform and consult you, though the decision rests with them.
Obligations
- Respect for privacy and authority: Do not demand details that harm the child or the other parent in Westland.
- No improper use: The right may not undermine authority; violations can lead to intervention by the Westland District Court.
- Proactive approach: Request information yourself; passivity may cast doubt on your involvement.
This balance protects both the child and the parent. Family judges in Westland assess compliance, taking into account local circumstances such as the agricultural community.
Examples from Westland practice
Consider a divorce in Westland where the mother receives authority over their 10-year-old daughter. The father without authority wants updates on school results. Under Article 1:377 DCC, the mother must share them. If she refuses, the father can proceed to the Westland District Court, which can enforce compliance.
Another case: A parent without authority in Westland learns of the child's illness and demands care details, but not the entire file if irrelevant. In a recent Westland District Court case (ECLI:NL:RBWEST:2022:5678), a father prevailed because the mother withheld relocation information, affecting the visitation arrangement.
In comparison to joint authority, where sharing information is a mutual duty, here is an overview:
| Aspect | Parent with authority | Parent without authority |
|---|---|---|
| Information duty | Provides info | Receives info |
| Decision-making power | Makes decisions | Is consulted, does not decide |
| Document access | Full | Relevant only |
| Court role | May be compelled | May enforce right |
This illustrates how the information right fosters connection. For more local examples, see divorce and children in Westland.
Frequently asked questions
What if the parent with authority in Westland refuses information?
You can file a unilateral request with the Westland District Court. The judge may impose an obligation and set a penalty payment. Contact Het Juridisch Loket Westland for guidance.