By Asaye Bankole
The United Kingdom has introduced a new law criminalising the unauthorised retention of children abroad beyond an agreed or legally approved period, with offenders facing up to seven years’ imprisonment.
The legislation makes it an offence for a parent or another person connected with a child under the age of 16 to keep the child outside the UK without the necessary consent, even if the child was initially taken abroad legally.
The new provision, which took effect on Friday, November 6, 2026, under Section 137 of the Crime and Policing Act 2026, amends the Child Abduction Act 1984 to address a longstanding gap in the country’s child protection and abduction laws.
According to a circular issued on Friday by the Ministry of Justice’s Criminal Law Policy Unit, the amendment is designed to address situations where a child is taken out of the country with permission but subsequently kept abroad beyond the authorised period without the required consent.
Under the amended provision, a person connected with a child below 16 commits an offence if the child is initially taken or sent outside the UK with appropriate consent but is subsequently detained abroad without the necessary authorisation.
The government explained that the amendment would ensure that the law covers both the unlawful removal of children from the UK and situations where children are wrongfully retained abroad after an initially lawful departure.
The reform follows a legal gap identified in a 2012 High Court decision in the case of R (Nicolaou) v Redbridge Magistrates’ Court.
In that case, the court ruled that the existing wording of the Child Abduction Act 1984, particularly the expression “takes or sends”, applied to the initial removal of a child from the UK but did not cover the subsequent retention of the child abroad.
As a result, a parent who lawfully travelled abroad with a child, having obtained the consent of the other parent or permission from a court, could not be prosecuted under the existing provision for keeping the child beyond the agreed period.
The Ministry of Justice acknowledged that the situation created difficulties in addressing international parental child abduction cases, particularly where one parent refused to return a child after an authorised visit or holiday.
The Law Commission subsequently examined the issue in its 2014 report titled Simplification of the Criminal Law: Kidnapping and Related Offences.
The commission recommended changes to the law to make the wrongful retention of children abroad by parents a criminal offence.
The latest amendment is intended to implement that recommendation and strengthen the UK’s legal framework for dealing with international parental child abduction.
Under the new legislation, appropriate consent generally refers to permission from everyone with parental responsibility for the child or authorisation granted by a court where necessary.
However, the law provides limited exceptions in certain circumstances.
A person identified in a child arrangements order as someone with whom the child is expected to live may retain the child abroad for less than one month without committing the new offence.
Similarly, a special guardian may keep a child outside the UK for a period of less than three months without obtaining additional consent.
These exemptions, however, do not apply where the child’s retention abroad violates an order made under Part II of the Children Act 1989.
The Ministry of Justice also clarified that the new provision would apply only to cases involving children taken or sent outside the UK on or after November 6, 2026.
Addressing concerns about cases involving domestic abuse, the government said it recognised the complexities surrounding parental disputes and emphasised that the new criminal offence was not designed to undermine existing civil protections.
It stated that victims of domestic abuse would continue to have access to established safeguards, including refuges, safe accommodation, protective injunctions and measures provided under the Domestic Abuse Act 2021.
The government explained that the new offence would complement existing civil remedies and child custody arrangements rather than replace them.
According to the Ministry of Justice’s equality impact assessment, anyone convicted of the offence following prosecution on indictment could face a maximum prison sentence of seven years.
However, the consent of the Director of Public Prosecutions will be required before criminal proceedings can be instituted.
Despite the introduction of the tougher provision, the government expects most international parental child abduction disputes to continue to be resolved through civil proceedings.
Such proceedings include applications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, an international agreement designed to facilitate the return of children wrongfully removed or retained across international borders.
The new legislation is expected to strengthen legal protection for children and provide authorities with additional powers to address cases in which parents or guardians unlawfully prevent children from returning to the United Kingdom.
COMMENTS