UK Criminalises Keeping Children Abroad Without Consent

The United Kingdom has introduced a new criminal offence targeting parents and other people connected to children who keep them abroad without the required consent, even when the children were initially taken out of the country lawfully.

The 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 in England and Wales. It addresses a gap in the law concerning international parental child abduction.

Under the new law, a 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 appropriate consent but is subsequently detained abroad without that consent.

Appropriate consent generally means permission from everyone with parental responsibility or authorisation from a court where required.

The amendment means that a parent who takes a child abroad with the other parent’s permission but refuses to return the child after the agreed period could face criminal prosecution.

According to the UK Ministry of Justice, the change addresses a legal gap highlighted by a 2012 High Court decision. The ruling established that the existing law did not cover situations in which a child was initially taken abroad lawfully but subsequently kept there beyond the authorised period.

The Law Commission recommended addressing the gap in a 2014 report on kidnapping and related offences.

The new offence carries a maximum penalty of seven years’ imprisonment following conviction on indictment. Prosecution requires the consent of the Director of Public Prosecutions.

The legislation provides limited exceptions in certain circumstances. 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, while a special guardian may do so for less than three months, subject to the statutory conditions. These exceptions do not apply where the retention breaches certain court orders.

The government has also clarified that the offence is not intended to undermine protections for victims of domestic abuse. Existing civil remedies and international procedures for securing a child’s return will continue to apply.

The amendment applies to children taken or sent out of the UK on or after November 6, 2026.

The change strengthens the UK’s legal response to international parental child abduction by addressing both the unauthorised removal of children and their subsequent retention abroad without the necessary consent.