UK warns unlawfully keeping children abroad will cost parents 7 years in jail

The United Kingdom has criminalised the act of keeping children abroad beyond an agreed period without the appropriate consent.

The new law which took effect on Friday under Section 137 of the Crime and Policing Act 2026, amends the Child Abduction Act 1984 to hold parents or guardians accountable even if the child was initially taken out of the UK legally.

A circular from the Ministry of Justice’s Criminal Law Policy Unit explained that the amendment addresses a gap where a child is removed with permission but subsequently kept outside the UK unlawfully.

“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 legal loophole was first exposed following a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court, which stated that the previous law only covered the initial act of taking a child abroad, not their subsequent retention.

The Ministry of Justice stressed that while exceptions exist, such as allowing a named guardian to keep a child abroad for less than one to three months depending on the custodial arrangement, these do not apply if they breach orders made under the Children Act 1989.

The government acknowledged the complexities involving domestic abuse, explaining that victims will continue to receive protection under existing civil frameworks, including the Domestic Abuse Act 2021.

The new offence carries a maximum penalty of seven years in prison, with prosecutions requiring prior consent from the Director of Public Prosecutions.