Information Duty of the Authoritative Parent
The information duty of the authoritative parent obliges the parent with parental authority to inform the other parent timely and fully 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 of the Dutch Civil Code (BW) and ensures the involvement of both parents in the upbringing, also in Rijswijk.
Legal Basis
The information duty of the authoritative parent is regulated in article 1:377 paragraph 1 BW: "The parent with authority over the child must inform the other parent timely about important matters concerning the person and the assets of the child." In case of joint authority, this applies to both parents, see article 1:251 BW.
In case of sole authority, such as after a divorce where one parent is granted authority, the duty rests solely on the authoritative parent. The District Court of The Hague (district for Rijswijk) follows judgments of the Supreme Court, such as ECLI:NL:HR:2018:1955, in which 'timely' means: as soon as possible to allow for a response. In case of non-compliance, a penalty payment may be imposed (article 1:377 paragraph 3 BW).
This law protects the equality of parents post-divorce and aligns with article 9 of the UN Convention on the Rights of the Child.
What are 'important matters'?
'Important matters' include health, development, residence and finances. Judges in The Hague assess on a case-by-case basis, with these examples from case law:
- Health: Illnesses, hospital admissions, vaccinations or medications.
- Education: School choice, results, transfer or school problems.
- Residence: Moving, sleepover arrangements, holidays or care changes.
- Assets: Inheritances, 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 notify 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 issues (art. 1:251 paragraph 2 BW) | No, but must inform |
| Enforcement | Both can litigate | Non-authoritative parent claims penalty payment at District Court of The Hague |
More about authority? See Parental Authority. In Rijswijk: advice via Juridisch Loket Rijswijk.
Practical Examples
Mother with sole authority in Rijswijk: child needs appendectomy. Mother must notify father timely, ideally before the procedure. Otherwise risk of court complaint.
In case of joint authority: school change without consultation. Other parent must be informed; in case of disagreement, the judge decides (art. 1:251 BW).
Father moves child to another neighborhood in Rijswijk: notify new address and school to mother. In case of inheritance of €10,000: share bank details.
Use WhatsApp or email; keep as evidence for District Court of The Hague.
Rights and Duties
Duties of the authoritative parent:
- Notify timely: immediately in emergencies, quickly for non-urgent matters.
- Fully: with facts, documents and decisions.
- Await response and discuss.
Rights of the non-authoritative parent:
- Request information without permission.
- Respond and be involved.
- Court via art. 1:377 paragraph 3 BW.
In case of joint authority: right of consent for major issues (art. 1:251 paragraph 2 BW).
Enforcement
In case of breach:
- Registered reminder.
- Mediator (often free via Juridisch Loket Rijswijk).
- District Court of The Hague for penalty payment or measures.
Consult Juridisch Loket Rijswijk for free first-line advice. ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation