Parents who take their children abroad and refuse to return them without proper consent could now face up to seven years in prison. The new law in England and Wales took effect on November 6, 2026.
The change targets situations where a child is initially taken overseas legally but later kept there beyond the agreed period. It also closes a legal gap that previously made prosecution difficult in such cases.
The new provision forms part of Section 137 of the Crime and Policing Act 2026. It amends the Child Abduction Act 1984 to make unauthorised detention of a child abroad a criminal offence.
Under the new law, a person connected to a child under 16 commits an offence by keeping the child abroad without proper consent. This applies even when the child originally travelled with permission.
The Ministry of Justice explained the change in its official circular, stating:
“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.”
A person convicted of the offence can receive a maximum sentence of seven years’ imprisonment.
The amendment addresses a gap exposed by a 2012 High Court ruling. The case involved R (Nicolaou) v Redbridge Magistrates’ Court.
The ruling established that the previous law covered taking a child out of Britain. However, it did not cover keeping the child overseas after lawful travel.
This meant a parent could initially travel with a child legally but remain abroad beyond the approved period. The new provision now makes unauthorised detention punishable under criminal law.
In most cases, permission must come from everyone with parental responsibility. Court approval may also be required, depending on the circumstances.
The law includes limited exceptions for certain people covered by child arrangements orders and special guardians.
Importantly, the amendment applies only to children taken or sent abroad from November 6, 2026. It does not apply retrospectively to earlier departures.
