Christmas abroad with children: consent to travel is not consent to stay

An important change to child abduction law took effect on 6 November 2026. Section 137 of the Crime and Policing Act 2026 amended the Child Abduction Act 1984 to make it an offence for a person connected with a child under 16 to keep that child outside the UK without the appropriate consent, even if the child originally travelled abroad with consent.

Previously, section 1(1) of the Child Abduction Act 1984 focused on taking or sending a child out of the UK without the appropriate consent. The amendment covers trips that begin lawfully but end with a child not being returned as agreed, for example, after a Christmas visit to family overseas.

What does the change mean?

The new section 1(1A) makes it an offence for a person connected with a child under 16 to detain the child outside the UK without the appropriate consent.

“Appropriate consent” generally means permission from those with the relevant legal authority for the child. Under section 1(3) of the Child Abduction Act 1984, this includes the child's mother, a father with parental responsibility, any guardian or special guardian, anyone named in a Child Arrangements Order as a person with whom the child is to live, and anyone with custody of the child. The court can also grant permission.

For separated parents, the limits of that consent matter. Permission for a child to travel abroad for Christmas is not open-ended permission to stay. Keeping a child overseas beyond an agreed holiday or period could now have criminal consequences.

Parents should therefore agree where the child is going, how long they will be away and when they will return to the UK - not just whether they can travel.

Why this matters for internationally mobile families

The change is particularly relevant to families with connections to more than one country. Children may regularly travel abroad to see a parent, grandparents or wider family, often under informal arrangements.

For high-net-worth and internationally mobile families, travel arrangements can be complex. Parents may have homes in several countries, children may attend school in the UK but spend long periods abroad, and relatives may live overseas. Christmas trips may also last longer than visits at other times of year.

This can lead to disagreement about what was agreed, particularly the length of a trip and the child's return date.

A trip does not have to start unlawfully for an offence to arise. A parent may have consent to take a child abroad but could commit an offence if they then keep the child there without the appropriate consent.

Planning ahead for Christmas travel

Separated parents planning Christmas travel abroad with children should agree arrangements carefully and, where appropriate, record them in writing.

In particular, it is sensible to make clear:

• where the child will be travelling and with whom;
• the dates of departure and return;
• the period and circumstances for which consent is being given; and
• whether any Child Arrangements Order or other restriction affects international travel.

Clear arrangements are especially important if parents have previously disagreed about travel or one parent is concerned that the child may not return as agreed.

The change is a reminder that consent to travel is only part of the picture. Its limits, duration and what happens when it ends are equally important.

If parents disagree about Christmas travel or are concerned that a child may not return after an agreed visit, early specialist Family law advice can be crucial, particularly where the family has connections to another country.

How can we help?
Our specialist Family Law team can help you navigate complex or sensitive family law issues with clear, practical advice tailored to your circumstances. If you would like to discuss anything raised in this article, or need advice about your own situation, please get in touch with our team.