The Crime and Policing Bill completed its passage through parliament in April 2026.
The new legislation makes every international child abduction subject to criminal sanction, whereas previously there was no deterrent of criminal proceedings.
‘International child abduction’ refers to the offence when a child is removed from the UK unlawfully, without the necessary consent of parents, guardians or the court. Sometimes the offender is one parent acting unilaterally in conflict with other family members including the other parent. This is harmful to the child and wider family, as loving family relationships are forcibly destroyed, and the child is taken beyond the reach of UK courts and support services. Child abduction is a serious act that can significantly harm children, with typical cases considered child abuse.
An important feature has been the well-known ‘Nicolaou loophole’. This is where abductors removing children permanently from the UK, without the legal right to do so, could avoid the criminal justice system by claiming they only planned a short trip across the border. Prosecutors previously needed to prove premeditation (before leaving the UK) for permanent removal of the children - this loophole rendered the original 1984 Child Abduction Act unenforceable in most cases which was an unintended consequence of its drafting.
There have been cases of parents dissatisfied with outcomes of UK family court proceedings taking the law into their hands, leaving the UK with the child in breach of court orders.
This historic strengthening of the 1984 Child Abduction Act also aligns the law in Northern Ireland with the rest of the UK, creating robust UK-wide protection.
If you need advice about this issue, it is important to see a family law solicitor as these matters tend to be time sensitive and require careful consideration to understand your position.