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 rule is laid down in Article 1:377 CC and ensures the involvement of both parents in the upbringing, also in Amsterdam after a divorce.
Legal Basis
The information duty of the authoritative parent is regulated in Article 1:377 paragraph 1 CC: "The parent with authority 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. Non-compliance may result in a penalty payment via the court (Article 1:377 paragraph 3 CC). In Amsterdam, the Rechtbank Amsterdam (Parnassusweg 220) handles such cases. This aligns with the UN Convention on the Rights of the Child (Article 9).
What are 'important matters'?
The law interprets this broadly: health, development, residence or finances. Judges in Amsterdam assess on a case-by-case basis, but case law mentions:
- Health: Illness, hospital admission, vaccinations, medication.
- Education: School choice, grades, problems or transfer.
- Residence: Move within Amsterdam, holidays, sleepover arrangements.
- Assets: Inheritance, savings, major purchases or debts.
- Other: Religion, sports or behavioural issues.
Daily trivia such as a simple cold not always, 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 matters (art. 1:251 para. 2 CC) | No, but information required |
| Enforcement | Both can complain | Penalty payment via Rechtbank Amsterdam |
More about authority? See Parental Authority.
Examples in Amsterdam Context
Mother has sole authority after divorce. Child needs to go to hospital for surgery: mother must call father timely, ideally before the procedure. Failure to do so? Complaint to Rechtbank Amsterdam.
In joint authority: one parent chooses a new school in Amsterdam-Zuid without consultation. Inform the other; in case of dispute, the judge decides (art. 1:251 CC).
Father moves to Amsterdam-Noord: share address, new school and details. In case of inheritance of €10,000: show bank statements. Communicate via WhatsApp or email and keep everything.
Duties and Rights
Duties of the authoritative parent:
- Report timely: immediately in emergencies, quickly otherwise.
- Completely: facts, documents, decisions.
- Await response.
Rights of the other parent:
- Information without begging.
- Respond and contribute ideas.
- Approach the court via Article 1:377 paragraph 3 CC.
In joint authority: right of consent for major matters (art. 1:251 para. 2 CC).
Enforcement in Amsterdam
Not complied with? Steps:
- Send registered letter.
- Mediator via Juridisch Loket Amsterdam (Vijzelstraat 77, often free).
- Rechtbank Amsterdam (Parnassusweg 220) for penalty payment.
Start at the Juridisch Loket Amsterdam for tailored advice.