Reported by Weng Patrick Atokor l Journalist at Weng Global
The United Kingdom has introduced a new criminal offence targeting parents and individuals with parental responsibility who keep children abroad without the required consent, with offenders facing up to seven years in prison.
The new provision, which came into force on Friday, November 6, 2026, under the Crime and Policing Act 2026, addresses a gap in the country’s child abduction laws concerning children who are lawfully taken overseas but are not returned after the agreed period.
The legislation applies to England and Wales and is designed to strengthen legal protections for children affected by international parental disputes and wrongful retention abroad.
The development was confirmed by the Ministry of Justice in a circular published on November 6, notifying relevant authorities that Section 137 of the Crime and Policing Act 2026 had commenced.
The new offence amends the Child Abduction Act 1984 to make it possible to prosecute individuals who initially obtain permission to take a child abroad but subsequently keep the child outside the country without continuing to have the appropriate consent. GOV.UK +1
New Law Targets Wrongful Retention of Children Abroad
Under the amended legislation, a person connected with a child under the age of 16 can commit an offence if the child is initially taken or sent outside the United Kingdom with the appropriate consent but is subsequently detained abroad without that consent.
The provision covers situations where a parent or another person with similar responsibility takes a child overseas with permission from the other parent or a court but refuses to return the child when the agreed period expires.
Previously, the law made it a criminal offence for a parent or person with similar responsibility to take or send a child out of the UK without the necessary consent.
However, the legislation did not adequately address situations where the initial journey was lawful but the child was subsequently kept abroad beyond the agreed period.
The new provision seeks to close that legal gap by recognising wrongful retention as a separate form of child abduction under the criminal law.
It also strengthens the legal position of parents who remain in the UK while their children are wrongfully retained overseas. GOV.UK +1
Offenders Face Up to Seven Years in Prison
The new offence carries a maximum prison sentence of seven years following conviction on indictment.
The penalty is consistent with the existing maximum punishment for related child abduction offences under the Child Abduction Act 1984.
However, prosecution is subject to the consent of the Director of Public Prosecutions.
This requirement provides an additional legal safeguard before criminal proceedings can be initiated.
The law also recognises circumstances in which consent may have been unreasonably withheld. During parliamentary consideration of the legislation, Justice Minister Alex Davies-Jones explained that the offence was designed to target parents who intentionally keep children outside the control of the other parent.
She also highlighted protections built into the legislation, including circumstances where the other parent has unreasonably refused to provide consent.
The provision is therefore not intended to automatically criminalise every disagreement between separated parents or every delay in returning a child from an overseas visit.
Its application will depend on the circumstances and the relevant legal requirements. UK Parliament +1
Legal Gap Highlighted by a 2012 Court Case
The legislative change follows a legal gap highlighted in the 2012 case of R (on the application of Nicolaou) v Redbridge Magistrates’ Court.
The case concerned a child who had been taken from the United Kingdom to Cyprus with permission for a limited period but was not returned when the authorised visit ended.
The dispute eventually reached the High Court after efforts to resolve the matter through family court proceedings.
The court determined that the existing wording of Section 1 of the Child Abduction Act 1984 did not cover the continued retention of a child abroad where the initial removal had been authorised.
In effect, the law focused on whether the child had been taken out of the country without consent rather than whether the child was subsequently kept abroad after permission expired.
This interpretation exposed a gap that could complicate efforts to pursue criminal proceedings against parents who initially travelled legally but later refused to return their children.
The new legislation responds to that problem by extending the scope of the child abduction offence to include wrongful retention abroad.
The issue had also attracted attention from the Law Commission, which recommended that the law should recognise wrongful retention as an offence.
The Government subsequently incorporated the proposed change into the Crime and Policing Bill. UK Parliament +1
Government Seeks to Strengthen Child Protection
During parliamentary consideration of the legislation on April 24, 2025, Justice Minister Alex Davies-Jones described the amendment as an important measure to address a gap in child abduction law.
She explained that the change was intended to complement existing civil remedies rather than replace the family court system.
According to the minister, disputes involving children retained abroad can often be addressed through civil proceedings and international arrangements, including the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
However, the Government considers that criminal law should also be available in cases where parents deliberately retain children overseas without the necessary consent.
Davies-Jones said the new offence would provide additional measures to discourage wrongful retention and could expose offenders to criminal sanctions if they return to the UK.
The legislation also provides for extraterritorial application in relevant circumstances, recognising that the act of retaining a child takes place outside the country’s borders. UK Parliament +1
Hague Convention Remains Important in International Child Abduction Cases
The new criminal offence will operate alongside existing international mechanisms designed to address cross-border parental child abduction.
One of the most significant frameworks is the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The convention provides a legal framework through which participating countries can address cases involving children wrongfully removed from or retained outside their country of habitual residence.
It generally provides for decisions on whether a child should be returned to the country where they were habitually resident before the wrongful removal or retention.
The UK Government has maintained that civil and family court processes will continue to play an important role in resolving international parental disputes.
The new criminal provision is intended to provide an additional legal option where the circumstances justify criminal intervention.
This distinction is important because criminal proceedings do not automatically replace international cooperation or family court processes for securing a child’s return. GOV.UK +1
What the New Law Means for Parents
The change has implications for parents, guardians and other individuals with legal responsibility for children who travel internationally.
A parent who receives permission to take a child abroad cannot automatically assume that the permission allows them to keep the child overseas indefinitely.
Where consent is limited to a particular period, the individual is expected to respect the agreed conditions and obtain any further necessary consent or court authorisation.
The new offence is particularly relevant to international family disputes involving separated parents, custody arrangements and disagreements over where children should live.
It also highlights the importance of clear travel agreements, documented parental consent and appropriate court orders when children travel internationally.
However, the legislation does not mean that every disagreement about a child’s overseas stay will automatically result in criminal prosecution.
The circumstances of each case, including the existence of consent, applicable legal defences and the requirements of the amended legislation, remain important.
Why the Development Matters
International parental child abduction can have serious consequences for children and families.
A child who is prevented from returning to their usual home may become separated from one parent, relatives, friends, school and other familiar support systems.
Such situations can also create prolonged legal disputes involving different countries, legal systems and authorities.
By criminalising wrongful retention in the circumstances covered by the new provision, England and Wales have strengthened the legal framework available to address a form of international child abduction that was not adequately covered by the previous legislation.
The change also reinforces the principle that parental permission to travel with a child is not necessarily permission to relocate or retain that child abroad indefinitely.
For parents seeking the return of children who have been wrongfully retained overseas, the amendment provides an additional legal avenue alongside existing civil and international procedures.
What Happens Next?
The new offence took effect on November 6, 2026, following the commencement of Section 137 of the Crime and Policing Act 2026.
Its implementation will require relevant law enforcement and prosecution authorities to apply the amended provisions when dealing with qualifying cases.
The legislation also makes clear that the new offence concerns children taken or sent out of the UK on or after its commencement date. It is therefore not a blanket retrospective criminalisation of earlier cases.
Northern Ireland has a separate corresponding provision under Section 138 of the Act, which requires a separate commencement order from the Northern Ireland Department of Justice.
Consequently, the November 6 commencement of the England and Wales provision should not be interpreted as confirmation that the corresponding Northern Ireland offence commenced on the same date.
The development marks a significant change in the UK’s approach to international parental child abduction, particularly in cases where children are initially taken abroad legally but subsequently retained without appropriate consent.
Weng Global – Stories beyond borders
Sources
- UK Ministry of Justice – MOJ Circular: Child Abduction and Pornography Offences (November 6, 2026).
- UK Government – Equalities Impact Assessment: Ministry of Justice.
- UK Parliament – Crime and Policing Bill: Parliamentary Committee Proceedings, April 24, 2025.
- UK Parliament – International Parental Child Abduction in England and Wales.
- UK Government – Permission to Take a Child Abroad.
