The United Kingdom has criminalised the detention of children abroad beyond an agreed period without the appropriate consent, introducing a new offence punishable by up to seven years imprisonment.

The change closes a long standing gap in the law on parental child abduction.

Under the previous law, it was an offence for a parent to take or send a child under the age of 16 out of the United Kingdom without the appropriate consent. However, the law did not cover a situation where a parent took a child abroad lawfully, with consent for a holiday or visit, and then decided while abroad to keep the child there.

The new offence, introduced through section 137 of the Crime and Policing Act 2026, makes that retention a crime. It is now an offence for a parent to take a child out of the UK with consent, but then keep the child abroad without consent. The law amends the Child Abduction Act 1984, which applies to England and Wales.

The offence applies to a person connected with the child, including a parent, guardian, special guardian, or a person named in a child arrangements order as someone the child lives with. Appropriate consent means the consent of everyone with parental responsibility for the child, or the permission of a court. A prosecution can only be brought with the consent of the Director of Public Prosecutions.

On conviction on indictment at the Crown Court, a person guilty of the offence faces up to seven years imprisonment. On summary conviction at the magistrates court, the maximum is six months imprisonment or a fine, or both. The courts will consider culpability and harm, including the length of detention, the effect on the child, and damage to the relationship with the other parent.

The change was pushed by campaigners, including Reunite and the All Party Parliamentary Group on Child Abduction, who argued that children retained outside the UK were not offered the same protection as children in other abusive situations. Previously, parents left behind had to rely mainly on the civil process under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which provides a framework for the return of a child but does not impose criminal punishment.

Supporters say the new law will give police and prosecutors a clearer tool and act as a deterrent, especially in cases where a parent refuses to disclose whereabouts or breaches a court order. Critics of criminalisation argue that many cases arise from family breakdown and disputes over relocation, and say the focus should remain on the welfare of the child and a swift return, rather than punishment alone.