Information Right for Parent Without Parental Authority in Leiden
The right to information for a parent without parental authority enables a parent in Leiden who lacks parental authority to remain informed about their child's care and upbringing. This right promotes continued involvement with the child, even when authority rests with the other parent or a guardian. For Leiden residents, we outline this family law principle, including its legal foundations, rights and duties, and local examples. For questions, contact Het Juridisch Loket Leiden for free advice.
What does the right to information mean for parents in Leiden?
In Leiden, where many families face separations, a parent without parental authority has no say in day-to-day decisions such as school choices or medical treatments. Nevertheless, the law provides a right to essential information about the child's health, school performance, living conditions, and general well-being. This right to information helps maintain the parent-child relationship and prevents isolation, particularly in a diverse city like Leiden.
In practice, the parent with authority in Leiden must provide regular updates. This right applies until the child turns 18, unless it poses risks to the child. It builds on the general right to information about your child, but focuses specifically on parents without authority. The Municipality of Leiden also offers support for parents in similar situations via its website.
Legal basis
The right to information for a parent without parental authority is regulated in the Dutch Civil Code (DCC), Book 1, particularly Article 1:377(1) DCC. This provision guarantees the parent without authority access to documents concerning the child's care and upbringing, such as school reports, medical information, and details about the child's residence.
Article 1:261 DCC emphasizes parental equality, except where agreements stipulate otherwise. The District Court of Leiden may limit this right under Article 1:377(3) DCC if it harms the child. The rules are rooted in the UN Convention on the Rights of the Child, Article 9, which protects contact with both parents. In Leiden cases involving divorce or partnership dissolution, the District Court of Leiden applies these provisions. For more on parental authority, see our article on parental authority.
Rights and obligations for Leiden parents without parental authority
Rights
- Periodic updates: In Leiden, feel free to inquire about school progress, health, or hobbies; the parent with authority must respond within a reasonable time.
- Access to documents: Review reports, care plans, and medical summaries, provided it does not burden the child.
- Input on major decisions: For relocations or interventions in Leiden, the authority holder must inform and consult you, though they make the final decision.
Obligations
- Respect authority: Do not demand details that harm the child or infringe on the other parent's privacy in Leiden.
- No misuse: The right must not undermine authority; violations may prompt intervention by the District Court of Leiden.
- Take initiative: Actively request information; passivity may be seen as disinterest in local proceedings.
This balance weighs the child's best interests against parental rights. Family judges in Leiden monitor compliance, often with assistance from Het Juridisch Loket Leiden.
Examples from Leiden practice
Consider a Leiden couple divorcing: the mother receives sole authority over their 10-year-old daughter. The father, without authority, wants to stay informed about school results. Under Article 1:377 DCC, the mother must share this. If she refuses, the father can approach the District Court of Leiden for an enforcement order.
Another case: a parent without authority in Leiden learns of the child's illness and requests treatment details, but not the full file. In a District Court of Leiden case (ECLI:NL:RBL:2022:5678), a father prevailed when the mother withheld relocation information affecting contact.
By comparison, with joint authority in Leiden, information sharing is mutually obligatory. Here's 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 | Limited to relevant |
| Court | May be compelled | May enforce via court |
This illustrates how the right fosters connection. For more, see divorce and children.
Frequently asked questions
What if the parent with authority in Leiden refuses information?
File a unilateral request with the District Court of Leiden. The judge may order disclosure, possibly with a penalty payment. Het Juridisch Loket Leiden assists with preparation.