UK Introduces 7-Year Jail Term For Parents Who Illegally Keep Children Abroad

The United Kingdom has introduced a new law criminalising the detention of children abroad beyond an agreed or authorised period without the required consent, with offenders facing up to seven years’ imprisonment.

The new offence, 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 gap in existing laws governing international parental child abduction.

The provision makes it an offence for a parent or any person connected with a child under the age of 16 to keep the child outside the UK without appropriate consent, even where the child was initially taken abroad lawfully.

A circular issued by the Ministry of Justice’s Criminal Law Policy Unit on Friday explained that the amendment was designed to address cases in which a child was taken abroad with permission but subsequently kept beyond the agreed or authorised period.

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 explained that the amendment would ensure that the law covers both the unlawful removal of children from the country and their wrongful retention abroad after an initially authorised departure.

The Ministry of Justice said the new provision followed a legal gap exposed by the High Court’s decision in R (Nicolaou) v Redbridge Magistrates’ Court in 2012.

In the case, the court ruled that the phrase “takes or sends” under the existing Child Abduction Act referred specifically to the act of removing a child from the UK and did not cover the subsequent detention of the child abroad.

Consequently, a parent who initially took a child outside the country with the consent of the other parent or court authorisation could not be prosecuted under Section 1 of the 1984 Act for retaining the child beyond the approved period.

The circular noted that the Law Commission subsequently examined the issue in its 2014 report, Simplification of the Criminal Law: Kidnapping and Related Offences, and recommended an amendment to criminalise parental child retention.

Under the new provision, appropriate consent generally requires permission from all persons with parental responsibility for the child or authorisation from a court, where applicable.

However, the legislation provides limited exceptions for certain categories of caregivers.

A person named in a child arrangements order as someone with whom the child is to live may keep the child abroad for less than one month without obtaining additional consent.

Similarly, a special guardian may detain a child outside the UK for less than three months without the required consent.

The exceptions, however, do not apply where the detention contravenes an order made under Part II of the Children Act 1989.

The circular also clarified that the amendment would apply only to cases involving children taken or sent out of the UK on or after November 6, 2026.

Addressing concerns about cases involving domestic abuse, the government 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.

According to the government, the criminal offence would complement existing civil remedies and child custody arrangements rather than replace them.

The Ministry of Justice’s equality impact assessment further stated that offenders convicted of the new offence could face a maximum of seven years’ imprisonment following prosecution on indictment.

It also stipulated that the consent of the Director of Public Prosecutions would be required before any prosecution could be instituted.

The government, however, 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.