UK introduces seven-year jail term for parents who keep children abroad beyond agreed period

The United Kingdom has introduced a new law that makes it a criminal offence for parents or other individuals connected to a child under the age of 16 to keep them outside the country beyond an agreed or authorised period without the required consent.

The offence, which took effect on November 6, 2026, under Section 137 of the Crime and Policing Act 2026, carries a maximum prison sentence of seven years.

According to a circular issued by the Ministry of Justice’s Criminal Law Policy Unit, the amendment to the Child Abduction Act 1984 closes a legal loophole that previously made it difficult to prosecute individuals who initially took children abroad lawfully but later refused to return them.

The change follows a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court, which established that the previous law covered the initial removal of a child from the UK but not their subsequent detention abroad.

Under the new provision, consent must generally come from everyone with parental responsibility for the child or through appropriate court authorisation.

However, certain exceptions apply to individuals named in child arrangements orders and special guardians, subject to specific legal conditions.

The amendment applies only to children taken or sent abroad on or after November 6, 2026.