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 applies even 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 regions such as Tilburg.
Legal Basis of the Information Duty
The information duty of the authoritative parent is regulated in article 1:377 paragraph 1 BW: "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, in accordance with article 1:251 BW.
In the case of sole authority, for example after a divorce where one parent from Tilburg is granted authority, the duty rests solely on the authoritative parent. The Supreme Court (judgment 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 BW). In Tilburg, such cases are handled by the District Court of Zeeland-West-Brabant, Wilhelminapark 100.
This law aims for equality between parents, even after divorce, and aligns with article 9 of the UN Convention on the Rights of the Child regarding contact with both parents.
What are 'Important Matters'?
'Important matters' broadly include issues concerning the child's health, development, residence or finances. Judges assess on a case-by-case basis, but case law provides examples:
- Health: Conditions, hospital admissions, vaccinations or medications.
- Education: Primary school choice in Tilburg, report cards, transitions or school problems.
- Residence and Care Situation: Moves within or outside Tilburg, sleepover arrangements, holidays or care changes.
- Assets: Inheritances, savings, major purchases or child debts.
- Other: Religious upbringing, sports clubs in Tilburg or behavioral issues.
Daily trivia such as a simple cold do not always need to be reported, but in case of doubt: always notify.
Difference Joint versus Sole Authority
| Joint Authority | Sole Authority | |
|---|---|---|
| Information Duty | Mutual | Solely on authoritative parent |
| Consent Required | Yes, for major matters (art. 1:251 para. 2 BW) | No, but inform nonetheless |
| Enforcement | Both parents can take action | Non-authoritative parent claims penalty payment |
Read more about joint authority in our article Parental Authority.
Practical Examples of Information Duty
Example: After divorce, mother in Tilburg has sole authority. Father has contact. In case of emergency appendectomy, mother must inform father immediately, ideally before the procedure. Otherwise, she risks a court complaint.
Example 2: With joint authority, one parent chooses a new school in Tilburg without consultation. The other must be informed timely; in case of disagreement, the court decides (art. 1:251 BW).
Example 3: Father moves with child from Tilburg. Mother receives the new address, school information and details. In asset matters such as an inheritance of €10,000, share bank statements.
Disputes often occur via WhatsApp or email; keep everything as evidence.
Rights and Obligations of Parents
Obligations of the authoritative parent:
- Notify timely: immediately in urgent cases, promptly otherwise.
- Completely: with facts, documents and decisions.
- Await response and discuss.
Rights of the non-authoritative parent:
- Request information without permission.
- Demand response and input.
- Court via art. 1:377 para. 3 BW in case of violation.
With joint authority, right of consent applies to major decisions (art. 1:251 para. 2 BW).
Enforcement of Information Duty
In case of non-compliance:
- Reminder by registered letter.
- Mediator via Legal Aid Office Tilburg, Spoorlaan 364 (free advice).
- Court at District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg for penalty payment.
This way, the duty is effectively enforced in the Tilburg region.