Child abduction by another person

s.2Child Abduction Act 1984

A person other than a parent or guardian taking or detaining a child under 16 to remove or keep them from the person with lawful control of them.

Child abduction by another person · Child Abduction Act 1984, s.2Card 48 / 195

Points to prove

Being a person not mentioned in s.2(2)
Without lawful authority or reasonable excuse
Took or detained a child under 16
So as to remove them from the lawful control of any person having lawful control of the child, or
So as to keep them out of the lawful control of any person entitled to lawful control of the child

Key definitions

Persons excluded – s.2(2): where the parents were married or civil partners at the birth, the mother and father; otherwise, the mother. Also guardians, special guardians, people named in a live-with child arrangements order and people with custody. These people are dealt with under s.1 instead.
Takes – s.3: includes causing or inducing the child to go with any person, or causing the child to be taken.
Detains – s.3: includes causing the child to be detained, or inducing the child to remain with any person.
Lawful control – the control of a parent, carer or anyone else lawfully looking after the child at the time, such as a teacher or childminder.

Defences

Believed to be the father – s.2(3)(a): where the parents were not married or civil partners at the birth, the defendant must prove that he is the child’s father or, at the time, reasonably believed he was.
Believed child was 16 or over – s.2(3)(b): the defendant must prove that at the time they believed the child had reached 16.
The burden of proving these defences is on the defendant.

Good to know

The child does not need to be taken out of the UK. The offence is about removing the child from, or keeping them away from, lawful control.
No force is needed. Persuading a child to go somewhere, or to stay away from home, can be enough.
Unlike s.1, the DPP’s consent is not needed to prosecute.
Child abduction warning notices can be issued to people who associate with a child against a parent’s wishes. Breach is evidence for a later s.2 charge, not an offence in itself.

Legislation: Child Abduction Act 1984, s.2 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 7 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Child abduction by another person: questions people ask

What are the points to prove for child abduction by another person?

1. Being a person not mentioned in s.2(2) 2. Without lawful authority or reasonable excuse 3. Took or detained a child under 16 4. So as to remove them from the lawful control of any person having lawful control of the child, or 5. So as to keep them out of the lawful control of any person entitled to lawful control of the child

What is the maximum sentence for child abduction by another person?

7 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is child abduction by another person a summary, either-way or indictable offence?

Child abduction by another person is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is child abduction by another person?

Child abduction by another person is an offence under the Child Abduction Act 1984, s.2.

More violence and offences against the person

All violence and offences against the person