UK criminalises keeping children abroad without consent, offenders face up to 7 years in prison

UK criminalises keeping children abroad without consent, offenders face up to 7 years in prison

The United Kingdom has introduced a new law making it a criminal offence for parents or other individuals to keep children abroad beyond an agreed period without the required consent, even if the child was initially taken out of the country legally.

The new provision came into force on Friday, November 6, 2026, under Section 137 of the Crime and Policing Act 2026, which amends the Child Abduction Act 1984.

Under the amended law, a parent or another person connected with a child under the age of 16 could face prosecution for refusing to return the child after an authorised overseas visit, without obtaining the necessary consent.

The offence carries a maximum prison sentence of seven years.

Previously, British law criminalised taking a child out of the country without the appropriate consent. However, a legal gap existed in situations where a parent initially obtained permission to travel abroad with a child but later refused to return the child after the agreed period.

The new legislation is designed to address this gap by making wrongful retention of a child abroad a criminal offence.

According to the UK Ministry of Justice, the required consent must generally come from everyone with parental responsibility or from a court where applicable.

There are also limited exceptions under the law. For example, certain individuals named in child arrangements orders and special guardians may be allowed to keep a child abroad for specified periods without obtaining further consent, subject to applicable court orders.

The reform follows years of concerns over international parental child abduction and disputes involving separated parents who disagree over where their children should live.

The government says the change is intended to strengthen protections for children and provide legal remedies for parents whose children are wrongfully kept overseas.

The new offence marks a significant change in British child abduction law, making it clear that permission to take a child abroad temporarily does not automatically grant the right to keep the child overseas indefinitely.