Parents and guardians in England and Wales who take children abroad legally but subsequently keep them overseas without the required consent can now face up to seven years in prison under a new child abduction law that came into force on Friday, 6 November 2026.
The legislation could affect families travelling between Britain and Nigeria, particularly where separated parents disagree over how long a child should remain abroad or whether the child should return to the UK.
The change was confirmed in a Ministry of Justice circular issued on 6 November under Section 137 of the Crime and Policing Act 2026.
It amends the Child Abduction Act 1984 to address a legal gap that previously made it difficult to prosecute a parent who originally took a child abroad with permission but later refused to return the child when that permission no longer applied.
The new offence concerns children under 16 and applies in England and Wales. It is not a general ban on parents travelling overseas with their children.
What the new UK child abduction law says
Under Section 137, a person connected with a child under the age of 16 may commit a criminal offence when two conditions are met.
First, the child was taken or sent outside the United Kingdom with the appropriate consent.
Second, the person subsequently detains the child outside the UK without the consent required by law.
The offence can apply to parents, guardians and other people legally connected with the child.
For example, a mother or father may agree that their child can spend three weeks in Nigeria visiting relatives.
If the accompanying parent subsequently decides to keep the child in Nigeria beyond the authorised period without obtaining the necessary consent, the new offence could apply, depending on the circumstances and any statutory exceptions or defences.
The important distinction is that the initial journey may have been entirely lawful.
It is the subsequent unauthorised detention of the child overseas that creates potential criminal liability.
Before the amendment, the Child Abduction Act 1984 already criminalised taking a child abroad without the required permission. However, the law did not adequately cover cases in which permission existed when the child left Britain but was no longer valid later.
The 2026 amendment closes that gap.
Parents could face up to seven years in prison
The new offence carries a maximum sentence of seven years’ imprisonment following conviction on indictment.
That penalty comes from the existing sentencing provisions of the Child Abduction Act 1984, which now cover the additional offence.
A seven-year sentence is the statutory maximum, not an automatic punishment for every breach.
Courts will consider the facts of each case, including the seriousness of the conduct and its effect on the child.
Criminal proceedings under Section 1 also require the consent of the Director of Public Prosecutions.
The government says the purpose of the change is to strengthen child protection and prevent parents from using an initially legitimate journey to frustrate lawful custody or parental arrangements.
The Ministry of Justice also recognises that international family disputes can involve complicated circumstances, including domestic abuse, and that existing civil-law protections remain relevant.
Why Britain introduced the law
The legal problem became clear following a High Court judgment in 2012.
In R (Nicolaou) v Redbridge Magistrates’ Court, the court considered the meaning of the existing child abduction legislation.
It concluded that the wording covering someone who takes or sends a child abroad did not extend to the subsequent retention of that child overseas.
Consequently, where the journey had been properly authorised, keeping the child abroad beyond the permitted period did not amount to the same criminal offence under that provision.
The decision exposed a weakness in the law.
In 2014, the Law Commission recommended that Parliament extend the legislation to cover cases where a parent lawfully takes a child abroad but later keeps the child there without the necessary consent.
The government has now implemented that recommendation through the Crime and Policing Act 2026.
The Ministry of Justice says the objective is to protect children and the rights of those with parental responsibility, while ensuring that wrongful removal and wrongful retention can both be addressed through criminal law.
What the law means for Nigerian parents living in Britain
The change has practical implications for Nigerian families in Britain who regularly travel home for school holidays, weddings, funerals, cultural celebrations and extended family visits.
These journeys remain lawful where the necessary permissions and travel requirements are satisfied.
However, difficulties can arise when parents disagree over whether a child should remain in Nigeria.
For example, one parent may want the child to continue schooling in Britain while the other wishes the child to stay with relatives in Lagos or Abuja.
Another family may agree to a short holiday, only for the accompanying parent to decide that the child should remain overseas permanently.
In such circumstances, the person keeping the child abroad may face legal consequences if the arrangement breaches the required consent or a court order.
The law applies according to the legal circumstances, not a family’s nationality.
Therefore, a parent does not automatically avoid the UK legislation because the child has a Nigerian passport, dual nationality or relatives living in Nigeria.
For British-Nigerian households, the safest approach is to establish who holds parental responsibility and obtain the necessary agreement before making travel arrangements or extending a child’s stay.
Who must give permission for a child to travel abroad?
Under UK government guidance, a person planning to take a child overseas generally needs permission from everyone who has parental responsibility or from a court.
Parental responsibility refers to the legal rights and duties associated with a child’s upbringing.
It can include decisions about education, healthcare, residence and other important matters affecting the child’s welfare.
A child’s mother normally has parental responsibility automatically. Fathers, guardians and other individuals may also hold parental responsibility, depending on the circumstances and applicable law.
Being the parent accompanying the child does not necessarily mean that person alone can decide how long the child stays abroad.
For example, a separated couple may both have parental responsibility despite living in different homes.
Where both parents’ permission is legally required, one parent cannot simply disregard the other’s rights because the child is travelling to the family’s country of origin.
The government advises parents to obtain written permission before travelling.
A letter identifying the consenting person, their contact details and information about the journey can help establish that permission was given.
Parents may also need documents such as birth certificates, particularly where the accompanying adult and child have different surnames.
Official guidance: Get permission to take a child abroad.
Are there exceptions for parents with custody orders?
Yes. The law recognises specific exceptions, although they are not blanket permission to ignore other court restrictions.
According to the Ministry of Justice circular, a person named in a child arrangements order as someone with whom the child lives may fall within an exception when the period of detention abroad is less than one month.
A special guardian may also fall within an exception where the period is less than three months.
However, these exceptions do not apply where keeping the child abroad breaches a relevant order made under Part II of the Children Act 1989.
The government’s separate travel guidance describes a 28-day period for a person with a qualifying child arrangements order.
Parents should therefore check the exact terms of their order and obtain legal advice rather than treating the permitted period as an automatic right to extend any overseas visit.
A parent who wants to keep a child overseas for longer than previously agreed should seek the necessary consent or court permission before changing the arrangement.
Does the new law apply to children already abroad?
The commencement date is important.
Section 137(5) of the Crime and Policing Act 2026 states that the amendment applies where the child was taken or sent out of the United Kingdom on or after the date the new provision came into force.
That date is 6 November 2026.
This means the new offence is not retrospective for departures that occurred before its commencement.
However, that does not mean older disputes are automatically lawful or beyond legal action. Existing family court orders, international child abduction procedures and other applicable laws may still be relevant.
Parents involved in an existing dispute should obtain specialist advice rather than assuming the 2026 amendment resolves their particular case.
What happens when one parent refuses consent?
Parents who disagree about an overseas journey or a proposed extension should first establish the legal position.
Where agreement cannot be reached, an application may be made to the appropriate family court for permission.
A judge can consider the child’s welfare, existing parenting arrangements, the reason for travel and other relevant circumstances.
The government also recognises that domestic abuse may complicate family disputes.
The Ministry of Justice circular expressly refers to the continuing availability of protective injunctions, refuges, safe accommodation and safeguards under the Domestic Abuse Act 2021.
The new criminal offence does not remove those protections.
A parent who fears abuse, coercion or harm to a child should seek specialist legal and safeguarding assistance before taking action that could breach an existing court order.
What parents should do before travelling to Nigeria
For families planning holidays or longer visits, several precautions can reduce the risk of disagreements.
Confirm parental responsibility. Identify everyone whose consent is legally required.
Obtain written consent. Record the destination, departure date, expected return date and contact information.
Check existing court orders. Establish whether any restrictions or permissions apply.
Keep supporting documents. Carry appropriate identification, birth certificates and evidence of relevant permission.
Agree changes before extending a stay. Do not assume that consent for a holiday covers an indefinite stay.
Seek legal advice when disagreements arise. Particularly where custody arrangements, domestic abuse or plans to relocate permanently are involved.
These precautions are especially relevant when children travel with one parent, grandparents or other relatives.
They should not be interpreted as suggesting that every family requires a court order to take a routine holiday. Where the necessary consent is already available and no restriction applies, a court application will generally not be needed.
What if a child is kept abroad without permission?
A parent who believes their child is being wrongfully retained overseas should act promptly.
The appropriate response depends on where the child is located, the existing legal arrangements and whether there is an immediate safeguarding concern.
Possible steps include contacting the police, seeking advice from a specialist family solicitor and approaching organisations experienced in international parental child abduction.
The charity Reunite International Child Abduction Centre provides information and support concerning international parental child abduction.
The Foreign, Commonwealth and Development Office may also provide consular information and assistance, although British officials cannot automatically require authorities in another country to return a child.
Parents should understand that criminal proceedings and civil applications for a child’s return serve different purposes.
A criminal prosecution addresses alleged unlawful conduct. A civil case may seek decisions about the child’s residence, return or welfare.
The availability and effectiveness of international return procedures vary between countries.
The government’s guidance on international parental child abduction is available through GOV.UK’s child abduction resources.
What readers should know
The new offence came into force in England and Wales on 6 November 2026 and applies to the wrongful retention abroad of children under 16 following an initially lawful departure from the UK on or after that date.
Parents and other connected persons can face up to seven years’ imprisonment if convicted on indictment, but the law includes specific exceptions and defences.
For Nigerians living in Britain, the legislation does not prevent ordinary visits to Nigeria. Its purpose is to address cases where a child is kept overseas without the consent legally required.
Families planning extended holidays, schooling abroad or permanent relocation should clarify parental responsibility and obtain the appropriate permission before making decisions.
The central message is that permission to take a child abroad does not necessarily amount to permission to keep the child there indefinitely.
The Ministry of Justice says the law is designed to close a longstanding legal gap while maintaining the protections already available through family and domestic abuse legislation.Follow New Daily Prime at newstimes.com.ng for more updates.
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