By Jelili Gbadamosi
The United Kingdom has introduced a new law that makes it a criminal offence for parents or other individuals connected to a child under 16 to keep them abroad beyond an agreed or authorised period without the necessary consent.
The offence, which took effect on November 6, 2026, under Section 137 of the Crime and Policing Act 2026, carries a maximum sentence of seven years’ imprisonment.
According to a circular issued by the Ministry of Justice’s Criminal Law Policy Unit, the amendment to the Child Abduction Act 1984 addresses a legal loophole that previously prevented prosecution in certain cases involving children initially taken abroad lawfully.
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.”
The change follows a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court, which established that the existing law covered the initial removal of a child from the UK but not their subsequent detention abroad.
Consequently, parents who travelled with children with the other parent’s or court’s permission could not be prosecuted under the provision for keeping them overseas beyond the approved period.
Under the new law, consent generally requires permission from everyone with parental responsibility or the appropriate court authorisation.
However, limited exceptions apply to certain individuals named in child arrangements orders and special guardians, subject to specified time limits and other legal conditions.
The amendment applies only to children taken or sent abroad from November 6, 2026.
