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 promotes the involvement of both parents in the upbringing, also in The Hague.
Legal Basis of the Information Duty
The information duty of the authoritative parent is regulated in Article 1:377 paragraph 1 CC: "The parent charged with authority over the child is obliged to 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 Supreme Court (ECLI:NL:HR:2018:1955) holds that 'timely' means as soon as possible, so that the other parent can respond. Non-compliance may result in a penalty payment via the court (Article 1:377 paragraph 3 CC). In The Hague, such cases are handled by the District Court of The Hague, Prins Clauslaan 60.
This rule safeguards the equality of parents post-divorce and is in line with the UN Convention on the Rights of the Child (Article 9).
What are 'Important Matters'?
'Important matters' include the child's health, development, residence and finances. Judges assess on a case-by-case basis, but case law provides examples:
- Health: Illnesses, hospital admissions, vaccinations or medication.
- Education: School choice, results, transfer or school problems.
- Residence: Moving house, sleepover arrangements, holidays or care changes.
- Assets: Inheritances, accounts, major expenses or child debts.
- Other: Religion, sports or behavioural issues.
Daily trivia such as a simple cold need not 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 decisions (art. 1:251 para. 2 CC) | No, but must inform |
| Enforcement | Both can litigate | Penalty payment via court |
Read more about joint authority in our article Parental Authority.
Practical Examples
Mother has sole authority after divorce, father has contact. In case of appendectomy, mother must notify father timely, ideally before the procedure. Otherwise: complaint to the District Court of The Hague.
In joint authority: school change without consultation requires notification; in case of disagreement, the court decides (art. 1:251 CC).
Father moves with child: mother must receive address and school information. In case of inheritance of €10,000: share statements. Communicate via WhatsApp/email and keep proof.
Rights and Duties
Duties of the authoritative parent:
- Report timely: immediately in urgent cases, promptly in non-urgent cases.
- Completely: facts, documents and decisions.
- Await response.
Rights of the other parent:
- Information without permission.
- Response and involvement.
- Court via art. 1:377 para. 3 CC.
In joint authority: right of consent for major decisions.
Enforcement in The Hague
In case of non-compliance:
- Registered reminder.
- Mediator (free via Legal Aid Office The Hague, Lutherse Burgwal 10).
- Court: District Court of The Hague, Prins Clauslaan 60 for penalty payment.
Start at Legal Aid Office The Hague for free advice.
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