Proposed Amendment to Child Retention Law: What It Could Mean for Parents

A proposed amendment to the Crime and Policing Bill would, for the first time, make it a criminal offence for a parent to remain overseas with their child without the other parent’s permission. The change, which is now before the House of Lords, would extend the Child Abduction Act 1984 beyond unlawful removal to include unlawful retention, carrying a maximum sentence of seven years.

Currently, retention abroad is treated as a civil issue, often managed through the Hague Abduction Convention. Critics have warned the proposed criminal offence could disproportionately affect domestic abuse survivors, many of whom flee temporarily for safety. According to the statistics, around 75% of overseas abduction cases involve primary carer mothers, and most report escaping abusive environments.

Domestic abuse organisations highlight a common scenario where a mother travels abroad lawfully for a short holiday, often returning to her support network. Once safe, she realises she cannot go back. Under the amendment, she could face police involvement and prosecution, potentially forcing a return to danger. Lawyers currently argue the proposal conflicts with the UK’s domestic abuse principles, the Hague Abduction Convention and risks separating children from protective parents.

Fathers’ rights groups and Reunite International support the reform, saying it will deter wrongful retention and give left behind parents stronger tools to secure a child’s return, especially where civil options are limited.

As the House of Lords considers the amendment, debate continues over how to balance preventing genuine abductions with ensuring survivors of domestic abuse are not penalised for prioritising safety.

If You Are Experiencing Domestic Abuse, We Can Help

Whilst the change has not yet been made, it is important to seek assistance if you are experiencing domestic abuse. Legal protections are available. Our team can assist with:

Non-Molestation Orders

These can help prevent further abuse or harassment and provide urgent protective measures for you and your children.

Occupation Orders

In some circumstances, the court can regulate who lives in the family home, providing stability and safety where needed.

Relocation and Child Arrangements Applications

We can guide clients through applications to relocate with children, whether within the UK or internationally, and help ensure the court understands the safety concerns and welfare considerations involved.

These remedies can offer vital protection and clarity during highly stressful situations. If you need guidance on your options, our team is here to support you with sensitive, specialist advice.