UK Introduces Seven-Year Prison Sentence for Keeping Children Abroad Without Consent
A new law protecting children from unlawful detention abroad has taken effect in England and Wales, making it a criminal offence to keep a child overseas without the required consent, even when the journey was initially authorised.
The legislation, which came into force on Friday, 6 November 2026, applies to children under 16 and carries a maximum penalty of seven years’ imprisonment.
Under Section 137 of the Crime and Policing Act 2026, parents and other persons connected with a child may face prosecution for keeping the child outside the United Kingdom beyond an agreed or authorised period without appropriate consent.
The amendment strengthens the Child Abduction Act 1984 by addressing a legal gap that previously allowed children to be kept abroad without triggering the existing criminal provision if their initial departure was lawful.
According to the UK Ministry of Justice, the change followed concerns that existing legislation did not adequately address international parental child retention.
The law generally requires consent from everyone with parental responsibility or authorisation from a court.
However, certain exceptions apply. Individuals named in child arrangements orders as persons with whom a child lives may retain the child abroad for less than one month, while special guardians may do so for less than three months, subject to applicable court restrictions.
The legislation applies only where children were taken or sent abroad on or after 6 November 2026.
The government also acknowledged concerns involving domestic abuse, emphasising that existing legal protections and civil remedies remain available.
The development represents an additional legal safeguard for children involved in international parental disputes, particularly where disagreements over their return could prolong separation from a parent or primary caregiver.
It reinforces the importance of parental consent, lawful custody arrangements and children’s protection across international borders.
