A historic improvement in the legal protection against the horror of international child abduction was made when the Crime and Policing Bill completed its passage through parliament in April 2026.

Both Parents Matter is proud to have been among the organisations that lodged evidence with parliament, contributing to this watershed in child protection.

The new legislation renders every international child abduction subject to criminal sanction, whereas previously there was no meaningful criminal-law deterrent.

In recent years, shockingly, more than 500 British children have been abducted per annum. A significant factor 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 evade criminal justice by claiming they only planned a short trip across the border. Prosecutors needed to prove premeditation (before leaving the UK) for permanent removal of the children. Never intended by legislators, this loophole rendered the original 1984 Child Abduction Act unenforceable in the vast majority of cases.

‘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 perpetrator is one parent acting unilaterally in conflict with other family members including the other parent. This is extremely harmful to the child and wider family, when loving family relationships are forcibly eliminated, and the child is taken beyond the reach of UK courts and support services. Child abduction is a serious act that severely and significantly harms children, with typical cases considered child abuse.

Both Parents Matter formed a Child Abduction Support Group in 2022. We have witnessed first-hand the agony of many families affected by child abduction, which has been rife in the absence of a criminal law deterrent. There have been cases of high-conflict 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.

Both Parents Matter shared case studies from our Child Abduction Support Group with Members of Parliament, evidencing the harm caused by abduction and the role the loophole has played in enabling this harm.

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.

Sam Morfey, CEO of Both Parents Matter said:

“Some of the most distressing cases we have been involved with developed into international child abduction. Unlawful removal of a child from the UK, unilaterally by one parent to the complete exclusion of the other parent and other connections in the child’s life, has appalling consequences.

Since forming a specialist support group for child abduction, the loophole preventing legal deterrence has become a glaring and severe concern for our charity. We are delighted to see this legislation passed, supported by the case studies shared by some families we have supported.”

Joel Lindop, chair of Both Parents Matter’s Child Abduction Support Group, himself the father of two children who were abducted and permanently disappeared, said:

“Through the many child abduction cases I have come into contact with, and the case of my own children, I know only too well the harm caused by child abduction. Raised awareness of the newly effective criminal-law deterrent presents the realistic prospect of far fewer children being abducted in the first place. Even where parents are in conflict, provided they remain in the UK, with court involvement children can and do enter settled arrangements enabling enduring, precious, nurturing relationships with both sides of their families.

For many of those affected by international child abduction, who may never see their own children again, there is meaningful consolation in the possibility that sharing our stories may contribute to steps such as this one, so that other families in future may be spared this suffering.”

Teertha Gupta KC (a leading expert in international family law) and Lewis Power KC (a leading expert in international criminal law), who supported preparation of the evidence to parliament, have said:

“The crime of international child abduction is about as heinous as it gets. This new law will be a welcome deterrent and help foreign police forces actively assist the British police and the victims (left behind parents and the children themselves) in a far more effective way than has hitherto been possible.”

Caroline Korah (Head of Family, Vardags), who advised on the preparation of evidence, said:

“Parental child abduction is not a private family matter; it is a form of child abuse that causes lasting trauma. This legislation is a significant moment in child protection; it provides a criminal law deterrent to prevent the horror and agony experienced by too many families each year. It prioritises a child’s right to a stable and meaningful relationship with both parents, over the exploitation of legal gaps when children are taken.”