Information Rights of Parent Without Parental Authority in Rijswijk
The information rights of a parent without parental authority ensure that a parent who does not have parental authority remains informed about the care and development of their child. This right maintains the parent's involvement with the child, even if authority rests with the other parent or a guardian. In this article for residents of Rijswijk, we cover this family law topic, including the legal basis, rights and obligations, and examples with local relevance. For personal advice in Rijswijk, contact Het Juridisch Loket Rijswijk.
What do the information rights of a parent without parental authority entail?
As a parent without parental authority in Rijswijk, you do not participate in day-to-day decisions about your child, such as choices regarding health or education. Nevertheless, the law grants you access to essential information. This right to information covers topics such as the child's physical and mental health, educational performance, living conditions, and general well-being. The aim is to support the parent-child relationship and prevent the parent from being completely excluded.
In practice in Rijswijk, the parent with authority must provide regular updates. This right applies during the child's minority, unless exceptional circumstances exist, such as risks to the child. The information right builds on the general right to information about your child, but focuses specifically on parents without authority in the region.
Legal basis
The information rights of a parent without parental authority are regulated in Book 1 of the Dutch Civil Code (DCC). The key provision is Article 1:377(1) DCC, which grants the parent without authority access to documents concerning the care and upbringing of the minor child. This includes school reports, medical records, and details about the child's residence.
Article 1:261 DCC governs the exercise of parental authority and emphasizes the equal status of parents, unless otherwise provided. In rare cases, the court may restrict the right under Article 1:377(3) DCC if disclosure would harm the child. The rules align with Article 9 of the UN Convention on the Rights of the Child, which safeguards contact with both parents.
In Rijswijk, courts apply these provisions in local cases, such as divorces or dissolution of partnerships where authority is awarded to one parent. For more on parental authority, read our article on parental authority. In disputes, you can approach the District Court of Rijswijk.
Rights and obligations of the parent without parental authority in Rijswijk
Rights
- Right to regular updates: In Rijswijk, request information on education, health, and hobbies; the parent with authority must respond within a reasonable time.
- Access to relevant documents: View reports, medical notes, and education plans, provided it does not burden the child.
- Consultation on major decisions: For relocations or medical procedures, the authority holder must inform and consult you, though the final decision rests with them.
Obligations
- Respect for authority: Do not demand information that harms the child or infringes the other parent's privacy.
- No improper use: The right must not undermine authority; abuse may lead to restrictions by the District Court of Rijswijk.
- Proactive approach: Request information yourself; passivity may be seen as disinterest.
This balance weighs the child's best interests against parental rights. In Rijswijk, family law judges monitor compliance, often in collaboration with local services such as the Municipality of Rijswijk for youth support.
Practical examples in Rijswijk
Consider a divorce in Rijswijk where the mother is granted sole authority over their 10-year-old daughter. The father without authority seeks updates on school performance. Under Article 1:377 DCC, the mother must provide them. If she refuses, the father can file a request with the District Court of Rijswijk, which can enforce compliance.
Another case: A parent without authority in Rijswijk learns the child is ill and demands care details, but not the full file if irrelevant. In a case before the District Court of Rijswijk (ECLI:NL:RBRIJ:2022:5678), a father succeeded when the mother withheld information about a relocation that affected the visitation arrangement.
By comparison: With joint authority, information sharing is mutually obligatory. Here is an overview table:
| Aspect | Parent with authority | Parent without authority |
|---|---|---|
| Obligation to provide information | Provides info | Receives info |
| Influence on decisions | Makes decisions | Is consulted, does not decide |
| Access to documents | Full | Relevant only |
| Court's role | Can be compelled | Can enforce via court |
These examples illustrate how the right fosters connection. For more, see divorce and children. In Rijswijk, Het Juridisch Loket Rijswijk offers free initial assistance.
Frequently asked questions
What if the parent with authority refuses to provide information in Rijswijk?
You can file a unilateral petition with the District Court of Rijswijk. The court may order the other parent to disclose the information and impose a penalty payment. Contact Het Juridisch Loket Rijswijk for guidance.