New legislation will make it a criminal offence to keep children abroad without consent, but a family lawyer has warned it could affect return orders.
This legislation is the Crime and Policing Act 2026 and it is a revision to the existing Child Abduction Act 1984. Under that, taking a child to another country without the consent of the custodial parent is a criminal offence. However, taking a consenting child abroad and then refusing to bring them back is not. The revised legislation will make it criminal to do this too.
It is something professionals like lawyers and solicitors in Bangor will need to be aware of, but most have greeted it warmly. However, one lawyer has warned that there could be some repercussions.
Kim Lehal is a lawyer with a focus on international cases of child abduction. Talking to Today’s Family Lawyer, she said successful resolution of many cases depended on not prosecuting the abducting parent if they brought the child back.
She then added:
“The creation of a new criminal offence for wrongful retention may complicate negotiations around voluntary returns and return orders in some cases.”
Despite those reservations, Lehal expressed a positive view of the legislation overall. She pointed out that it would align the law in Wales and England with the Hague Convention.
A date for it to come into force has not been revealed yet.
At Bennett Smith Solicitors, our team of family law barristers in North Wales can help in cases like this. Call now to find out more.
