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 Leiden.
Legal Basis
The information duty of the authoritative parent is regulated in Article 1:377(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 only on the authoritative parent. The Supreme Court (ECLI:NL:HR:2018:1955) holds that 'timely' means as soon as possible. Non-compliance may result in a penalty payment via the court (Article 1:377(3) CC). In Leiden, such cases are handled by the District Court of The Hague, Leiden Location.
This law is in line with the UN Convention on the Rights of the Child (Article 9) and promotes equality between parents.
What are 'important matters'?
The law interprets this broadly: matters concerning health, development, place of residence or finances. Judges assess on a case-by-case basis, but examples from case law:
- Health: Illnesses, hospital admissions, vaccinations, medications.
- Education: School choice, report cards, transitions or school problems.
- Residence: Moving, sleepover arrangements, holidays, care changes.
- Assets: Inheritances, savings, major purchases or debts.
- Other: Religion, sports, behavioral issues.
Daily trivia such as a simple cold do not need to be reported, but in case of doubt: always report.
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(2) CC) | No, but must inform |
| Enforcement | Both can complain | Non-authoritative parent claims penalty payment |
Read more in our article Parental Authority.
Practical Examples
Mother has sole authority after divorce in Leiden. Father has contact. In case of an appendectomy, mother must call father timely, ideally before the procedure. Otherwise: complaint to the District Court of The Hague, Leiden Location.
In joint authority: one parent chooses new school without consultation. Inform the other; in case of disagreement, the judge decides (art. 1:251 CC).
Father moves with child in the Leiden region: share new address and school information with mother. In case of inheritance of €10,000: show bank statements.
Use WhatsApp or email and keep everything as evidence.
Rights and Duties
Duties of the authoritative parent:
- Report timely: immediately in emergencies, quickly otherwise.
- Completely: facts, documents, decisions.
- Await response and discuss.
Rights of the non-authoritative parent:
- Information without permission.
- Respond and be involved.
- Court via art. 1:377(3) CC.
In joint authority: right of consent for major matters (art. 1:251(2) CC).
Enforcement in Leiden
Not complied with? Steps:
- Registered reminder.
- Mediator (free via Legal Aid Office Leiden, Stationsweg 46).
- Court: District Court of The Hague, Leiden Location for penalty payment.
For advice: call Legal Aid Office Leiden or visit Stationsweg 46.