U.K. Makes Keeping Children Abroad Without Permission a Crime

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U.K. law says that it is now a serious crime to keep a child abroad longer than you promised without permission.

Anyone who commits the crime can be sent to prison for 7 years.

It came into force on Friday, November 6, under section 137 of the Crime and Policing Act 2026.

The new rule applies to a parent or another person connected to a child under 16.

It covers cases where a child was taken abroad legally but then kept there beyond the agreed period.

The change updates the Child Abduction Act 1984.

The Ministry of Justice explained the reason for the change.

Before this, a 2012 High Court ruling in the case of R (Nicolaou) v Redbridge Magistrates' Court found that the law only covered taking or sending a child out of the UK.

It did not cover keeping the child abroad afterwards.

This meant a parent who took a child abroad with permission could not be prosecuted for refusing to bring the child back.

The Law Commission recommended closing this gap in a 2014 report.

Under the law, "appropriate consent" usually means permission from everyone with parental responsibility for the child, or a court order where needed.

There are some exceptions.

A person named in a child arrangements order as the one the child lives with can keep the child abroad for less than one month without committing an offence.

A special guardian can keep the child abroad for less than three months without consent.

These exceptions do not apply if the detention breaks a court order under Part II of the Children Act 1989.

The change only applies to children taken or sent out of the U.K. on or after November 6, 2026.

The government said it understands that cases involving domestic abuse can be complicated.

It stressed that the new offence is not meant to override civil protections.

Victims will still have access to refuges, safe housing, protective injunctions and safeguards under the Domestic Abuse Act 2021.

A court case cannot start against someone unless it get official permission.

The government expects most international child abduction disputes to continue through civil courts, including under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.