Summer is here, and for a lot of separated families that means holidays abroad, and the worry that can come with them. A change in the law is worth knowing about before anyone gets on a plane.
What is changing
The Crime and Policing Act 2026, which became law on 29 April 2026, extends the Child Abduction Act 1984. Once it comes into force, it will be a criminal offence to keep a child abroad after an agreed trip, not only to take them abroad without consent in the first place.
The gap it closes
Until now the law has treated two situations very differently:
- Taking a child abroad without consent (wrongful removal) has long been a criminal offence.
- Keeping a child abroad after an agreed trip (wrongful retention), for example not bringing them home after an agreed holiday, was not a crime, even though the family courts and the Hague Convention treat the two the same.
The new law closes that gap, so refusing to return a child after an agreed trip can become a criminal matter, not just a family-court one.
The honest caveats
- It is not in force yet. The Act has passed, but the government has not confirmed the date this provision starts. Until then, wrongful retention is still not a criminal offence.
- It will not be backdated. It will only apply to retentions that happen after it comes into force, so it does not help families already affected.
- Some family lawyers have warned it could make voluntary returns harder to negotiate in a few cases.
What it means for you
This cuts both ways, and that is the point. If your children go abroad with their other parent on an agreed trip and are not brought back, this gives a criminal route alongside the family court. And the same applies to you: if you take the children abroad, bring them home by the agreed date.
Whatever the law says, the safest approach before any trip abroad is the same:
- Get the consent of everyone with parental responsibility, or the court’s permission. A child arrangements order saying the child lives with you lets you take them abroad for up to 28 days without the other parent’s consent, but check your own order.
- Agree a firm return date in writing, along with the destination and a contact number.
- If you are worried an agreed trip might turn into a retention, get advice before it happens, not after.
There is more on all of this in our guide to holidays and taking a child abroad.
Source
The change is made by the Crime and Policing Act 2026 (Royal Assent 29 April 2026), extending the Child Abduction Act 1984. See the Crime and Policing Act 2026 on legislation.gov.uk and Child Law Advice on child abduction.
Information, not legal advice. This provision is not yet in force and the rules may change, so check the official links above before you rely on anything here.