The United Kingdom has introduced a new law prescribing up to seven years’ imprisonment for parents and other persons who keep children abroad beyond an agreed period without the required consent.
The law, which took effect on Friday, November 6, makes it a criminal offence to retain a child under 16 outside the UK without proper authorisation, even if the child was initially taken out of the country legally.
The provision, contained in Section 137 of the Crime and Policing Act 2026, amends the Child Abduction Act 1984 to close a loophole that previously allowed parents to escape criminal prosecution for keeping children abroad beyond an agreed or court-approved period.
A circular issued by the Ministry of Justice’s Criminal Law Policy Unit explained that the amendment was designed to cover situations where a child was taken abroad with the consent of the other parent but was subsequently prevented from returning.
Under the new provision, anyone connected with a child under 16 commits an offence if the child is lawfully taken or sent outside the UK but is subsequently detained abroad without the necessary consent.
The amendment followed a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court, which exposed a gap in the existing legislation.
The court had ruled that the law criminalised taking or sending a child out of the UK but did not cover the subsequent detention of the child abroad.
This meant that a parent who obtained permission to travel with a child could not be prosecuted under the existing law for refusing to return the child after the authorised period.
The Law Commission examined the loophole in a 2014 report and recommended changes to criminalise parental child retention.
Under the amended law, consent must generally be obtained from everyone with parental responsibility for the child or through appropriate court authorisation.
However, the legislation provides limited exceptions.
A person named in a child arrangements order as someone with whom the child should live can keep the child abroad for less than one month without the required consent.
Similarly, a special guardian can retain a child outside the UK for less than three months without committing the offence.
These exemptions do not apply where the detention violates an order made under Part II of the Children Act 1989.
The Ministry of Justice also clarified that the new offence would apply only to children taken or sent out of the UK from November 6, 2026.
The government acknowledged concerns about cases involving domestic abuse, insisting that the new law would not undermine existing protections for victims.
Such protections include access to refuges, safe accommodation, protective injunctions and safeguards under the Domestic Abuse Act 2021.
The government said the criminal provision would complement existing civil remedies and custody arrangements rather than replace them.
According to the ministry’s equality impact assessment, offenders could face a maximum of seven years’ imprisonment following conviction on indictment.
However, prosecution would require the consent of the Director of Public Prosecutions.
The government added that most international parental child abduction disputes would still be handled through civil proceedings, including applications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
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