The United Kingdom has introduced a new law making it a criminal offence for parents or individuals connected to a child under 16 to keep the child abroad beyond an authorised period without the necessary consent.
The offence, which took effect on Friday, November 6, 2026, carries a maximum prison sentence of seven years under Section 137 of the Crime and Policing Act 2026.
The legislation amends the Child Abduction Act 1984 to close a loophole that previously allowed parents to escape prosecution for retaining children overseas after initially taking them out of the country legally.
A circular released on Friday by the Ministry of Justice’s Criminal Law Policy Unit explained that the amendment targets cases where a child is taken abroad with the necessary permission but is subsequently kept there beyond the agreed duration without further consent.
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.”
It said the amendment would ensure that the law covers both the unauthorised removal of children from the UK and situations where they are wrongfully kept overseas after a permitted departure.
The Ministry of Justice traced the legal gap to a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court.
In the case, the court interpreted the phrase “takes or sends” in the existing legislation as referring only to the initial removal of a child from the UK, excluding situations involving the child’s continued detention abroad.
This meant that a parent who had secured permission from the other parent or a court to travel with a child could not be prosecuted under Section 1 of the 1984 Act for refusing to return the child after the authorised period.
The circular stated, “As a result, where a parent had taken a child abroad lawfully (for example with consent from the other parent or person with similar responsibility, or with the court’s permission), it was not an offence under section 1 of the 1984 Act to detain the child abroad beyond the agreed or authorised period.”
The Law Commission later considered the issue in its 2014 report, Simplification of the Criminal Law: Kidnapping and Related Offences, recommending changes to make the wrongful retention of children abroad by parents a criminal offence.
The new provision is expected to strengthen the UK’s response to serious cases of international parental child abduction by addressing the gap identified in the earlier legislation.
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Under the amended law, appropriate consent generally requires approval from everyone with parental responsibility for the child or permission granted by a court where necessary.
However, certain exemptions have been provided.
Individuals identified in a child arrangements order as persons with whom a child should live are permitted to keep the child outside the UK for less than one month without obtaining additional consent.
Special guardians are also allowed to retain a child abroad for a period of less than three months without the required permission.
These exemptions do not apply where the detention violates an order issued under Part II of the Children Act 1989.
The Ministry of Justice also clarified that the new offence would cover only children taken or sent out of the UK from November 6, 2026, onwards.
Addressing concerns about cases involving domestic abuse, the government said the amendment 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 noted that victims would retain access to existing safeguards, including refuges, safe accommodation, protective injunctions and provisions under the Domestic Abuse Act 2021.
The government maintained that the criminal provision would operate alongside existing civil remedies and child custody arrangements rather than replace them.
According to the Ministry of Justice’s equality impact assessment, offenders convicted under the new provision face up to seven years in prison following indictment. Prosecution will also require the consent of the Director of Public Prosecutions.
Despite the introduction of the criminal offence, the government expects most international parental child abduction disputes to continue to be resolved through civil proceedings, including applications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.