The United Kingdom has introduced a law that makes it a criminal offence for parents or other persons connected with a child to keep the child abroad beyond an agreed or authorised period without the required consent, with offenders facing up to seven years’ imprisonment.
The legislation, which came into force on Friday, November 6, 2026, is contained in Section 137 of the Crime and Policing Act 2026, which amends the Child Abduction Act 1984.
It is designed to address a legal loophole involving international parental child abduction, particularly cases where a child is initially taken out of the country lawfully but is subsequently retained abroad against the wishes of the other parent or relevant authorities.
Under the new provision, a parent or any person connected with a child under the age of 16 commits an offence if the child is taken or sent out of the UK with the appropriate consent but is later detained abroad without the required authorisation.
A circular issued by the Ministry of Justice’s Criminal Law Policy Unit on Friday explained that the amendment was intended to criminalise the wrongful retention of children outside the country after an initially authorised departure.
The circular stated, “Under new section 1(1A) of the Child Abduction Act 1984, a person connected with a child under the age of sixteen commits an offence if the child is taken or sent out of the UK with the appropriate consent and, at any time after the child is taken or sent, the person detains the child outside the UK without the appropriate consent.”
The amendment seeks to close a gap in the previous legislation, which primarily addressed the unlawful removal of children from the UK but did not adequately cover situations where a child was taken abroad with permission and subsequently kept beyond the agreed period.
The loophole was highlighted by the High Court’s decision in the 2012 case of R (Nicolaou) v Redbridge Magistrates’ Court.
The court held that the phrase “takes or sends” in the existing Child Abduction Act referred to the removal of a child from the UK and did not extend to the subsequent detention of the child abroad.
As a result, a parent who had initially obtained the consent of the other parent or secured court approval to take a child abroad could not be prosecuted under Section 1 of the 1984 Act for retaining the child beyond the authorised period.
The Law Commission later examined the issue in its 2014 report, Simplification of the Criminal Law: Kidnapping and Related Offences, recommending an amendment to criminalise parental child retention.
Under the new law, appropriate consent generally requires the permission of all persons with parental responsibility for the child or authorisation from a court, where applicable.
However, certain exemptions have been provided for specific categories of caregivers.
A person named in a child arrangements order as someone with whom the child is to live may retain the child abroad for less than one month without obtaining additional consent.
Similarly, a special guardian may keep a child outside the UK for less than three months without the required consent.
The exemptions do not apply where the detention breaches an order made under Part II of the Children Act 1989.
The legislation also stipulates that the new offence applies only to children taken or sent out of the UK on or after November 6, 2026.
The government has also addressed concerns that the legislation could affect victims of domestic abuse who may have complex child custody disputes.
It said the new offence was not intended to undermine existing civil protections available to victims.
“The Government recognises the complexities that can arise in cases involving domestic abuse and is clear that the new offence is not intended to cut across civil measures,” the circular stated.
It added that victims would continue to have access to existing safeguards, including refuges, safe accommodation, protective injunctions and provisions under the Domestic Abuse Act 2021.
The Ministry of Justice’s equality impact assessment further stated that offenders convicted of the offence could face a maximum of seven years’ imprisonment following prosecution on indictment.
It also requires the consent of the Director of Public Prosecutions before any prosecution can be instituted.
The government said most international parental child abduction disputes would continue to be resolved through civil proceedings, including applications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The Hague Convention provides a framework for seeking the return of children wrongfully removed from or retained in another country, particularly where the removal or retention violates custody rights.
The new criminal provision is expected to complement existing civil remedies and child custody arrangements by providing an additional legal avenue for addressing cases in which children are unlawfully kept abroad.
