UK child abroad law: parents who keep children overseas without consent now face up to seven years in jail

A new law has come into force in the UK making it a crime for a parent or other person connected with a child to keep the child abroad longer than agreed without the necessary consent.

The change comes from the Crime and Policing Act 2026 (section 137), which adds a new offence to the Child Abduction Act 1984 and takes effect from Friday, 6 November. It is not backdated, so it applies only to trips abroad that begin on or after that date.

Until now, it was already a crime to take a child under 16 out of the UK without permission. But a 2012 High Court case showed a gap in the law: a parent who left legally, for example for an agreed holiday, and then refused to bring the child back, was not committing a criminal offence. The Law Commission recommended closing that gap in 2014.

Under the new rules, anyone who keeps a child under 16 outside the UK without the agreement of everyone with parental responsibility, or permission from a court, can be prosecuted. The maximum sentence is seven years in prison, and the Director of Public Prosecutions must approve any prosecution.

There are limited exceptions. A parent named in a court order as the person the child lives with can keep the child abroad for less than a month without extra consent, and a special guardian for less than three months, as long as no other court order is broken.

The law matters for Nigerian and other diaspora families in the UK, especially separated parents planning Christmas or summer trips home. Lawyers advise getting the other parent's written agreement to the travel dates, and to any change, before travelling, or applying to the family court if agreement cannot be reached.