 The United Kingdom has criminalised the detention of children abroad beyond an agreed period without appropriate consent, introducing a new offence punishable by up to seven years’ imprisonment.
CDA News Nigeria gathered that the new provision makes it an offence for a parent or another person connected with a child under 16 to keep the child outside the UK without the required consent, even where the child was initially taken abroad lawfully.
The offence, which came into force on Friday, November 6, under section 137 of the Crime and Policing Act 2026, amends the Child Abduction Act 1984 to address a longstanding gap in the country’s child abduction laws. It follows the High Court’s decision in R (Nicolaou) v Redbridge Magistrates’ Court in 2012, which exposed the loophole.
The Ministry of Justice’s Criminal Law Policy Unit stated that appropriate consent generally means the permission of all persons with parental responsibility. Exceptions apply to individuals named in child arrangements orders (less than one month) and special guardians (up to three months).
The government noted that the new offence complements existing civil remedies, including the 1980 Hague Convention, ensuring the law applies consistently to both unlawful removal and wrongful detention.
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