The United Kingdom has introduced a new law that makes it a criminal offence for parents or anyone connected to a child under 16 to keep them abroad beyond an agreed or authorised period without the necessary consent, carrying a maximum sentence of seven years in prison.
The offence took effect on November 6, 2026, under Section 137 of the Crime and Policing Act 2026, amending the Child Abduction Act 1984 .
According to a circular issued by the Ministry of Justice’s Criminal Law Policy Unit, the amendment addresses a legal loophole that previously prevented prosecution in cases where children were initially taken abroad lawfully but later kept there without permission .
“Under new section 1(1A) of the Child Abduction Act 1984, a person connected with a child under the age of sixteen commits an offence if the child is taken or sent out of the UK with the appropriate consent and, at any time after the child is taken or sent, the person detains the child outside the UK without the appropriate consent,” the circular stated .
The change follows a 2012 High Court ruling in R (Nicolaou) v Redbridge Magistrates’ Court, which established that the existing law covered the initial removal of a child from the UK but not their subsequent detention abroad .
Consequently, parents who travelled with children with the other parent’s or court’s permission could not be prosecuted under the provision for keeping them overseas beyond the approved period. The Law Commission examined the issue in its 2014 report and recommended an amendment to criminalise parental child retention .
Under the new law, consent generally requires permission from everyone with parental responsibility or court authorisation. However, limited exceptions apply: a person named in a child arrangements order may keep the child abroad for less than one month without additional consent, while a special guardian may do so for less than three months .
The government said the offence is not intended to undermine protections for domestic abuse victims, who will continue to have access to refuges, protective injunctions and provisions under the Domestic Abuse Act 2021 .
The amendment applies only to children taken or sent abroad from November 6, 2026 .
The new law has particular resonance for Nigerian families in the UK, where sending children home for extended periods is common. But the legal landscape around such decisions was already under scrutiny after a high-profile case in 2024.
A 13-year-old British-Nigerian boy took his parents to court after they sent him to a boarding school in Nigeria, claiming they “brutally” took him to Africa and “abandoned” him there .
The boy, whose identity was protected, contacted the British Consulate and a child welfare organisation after his parents enrolled him in an African school and returned to the UK. He argued he felt humiliated, especially as his friends in London mocked him .
His legal team, led by Deirdre Fottrell KC, argued his parents “physically and emotionally abandoned” him due to concerns over his potential involvement in gangs in London—an accusation the teenager denied .
“There is clear evidence that he is being harmed emotionally, psychologically, and possibly physically in the environment in which he has been placed,” Fottrell told the court .
The father’s legal team, represented by Rebecca Foulkes, defended the decision as a legitimate exercise of parental responsibility, citing concerns about the boy’s behaviour, including staying out late, wearing expensive clothes, and possessing photos of knives on his phone .
Justice Hayden ultimately ruled in the parents’ favour, acknowledging their decision was driven by “deep, obvious and unconditional love” and concern for his safety . The judge noted the parents did not want their son to be “yet another black teenager stabbed to death in the streets of London” .
For Nigerian parents in the UK who send children to Nigeria for schooling, cultural upbringing, or extended family care, the new law does not automatically prohibit such arrangements. A parent can still send a child abroad with the appropriate consent and agreed return arrangements. The offence is triggered only when a child is kept beyond the authorised period without permission from all parties with parental responsibility or a court .
The government expects most disputes to continue to be resolved through civil proceedings, including under the 1980 Hague Convention on the International Child Abduction .
