Child abduction by a parent or connected person

s.1Child Abduction Act 1984

A parent or other person connected with a child under 16 taking or sending the child out of the UK without the appropriate consent.

Child abduction by a parent or connected person · Child Abduction Act 1984, s.1Card 47 / 195

Points to prove

Being a person connected with the child
Took or sent the child out of the United Kingdom
The child was under 16
Without the appropriate consent

Key definitions

Person connected with the child – s.1(2): a parent; an unmarried father where there are reasonable grounds to believe he is the father; a guardian or special guardian; a person named in a child arrangements order as someone the child is to live with; or a person with custody.
Appropriate consent – s.1(3): the consent of the mother, the father (if he has parental responsibility), any guardian, special guardian, person named in a child arrangements order as someone the child lives with, and anyone with custody. Leave of the court also counts.
Takes or sends – s.3: includes causing or inducing the child to go with any person, or causing the child to be taken or sent.

Defences

Belief in consent – s.1(5)(a): the defendant believed the other person had consented, or would consent if they knew all the circumstances.
Unable to communicate – s.1(5)(b): the defendant took all reasonable steps to contact the other person but could not.
Unreasonable refusal – s.1(5)(c): the other person unreasonably refused consent. This does not apply where that person has a child arrangements (live with) order, is a special guardian or has custody, or where the defendant is breaching a court order (s.1(5A)).
Once a defence is raised, the prosecution must disprove it (s.1(6)).

Good to know

A person named in a live-with child arrangements order may take the child abroad for less than 1 month (3 months for a special guardian) without consent, unless it breaches a court order (s.1(4) and (4A)).
Prosecution needs the consent of the DPP (s.4(2)).
From 6 November 2026 the Crime and Policing Act 2026, s.137 adds s.1(1A) (commenced by SI 2026/1090): a new offence where a child was taken or sent abroad with the appropriate consent, and a connected person then keeps (detains) the child outside the UK without it. It applies only where the child left the UK on or after that date.

Legislation: Child Abduction Act 1984, s.1 (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 a parent or connected person: questions people ask

What are the points to prove for child abduction by a parent or connected person?

1. Being a person connected with the child 2. Took or sent the child out of the United Kingdom 3. The child was under 16 4. Without the appropriate consent

What is the maximum sentence for child abduction by a parent or connected person?

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

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

Child abduction by a parent or connected 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 a parent or connected person?

Child abduction by a parent or connected person is an offence under the Child Abduction Act 1984, s.1.

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