Mothers fleeing domestic violence who keep their children overseas without permission would be criminalized for the first time under a new law.
The change is introduced in a proposed amendment to the crime and policing bill, supported by fathers' rights groups and the Reunite International charity. The amendment has not been debated in parliament and is now before the House of Lords.
If it is passed, it means a parent who remains abroad with their child or children without the permission of the other parent will commit a criminal offense.
Critics say making the retention of children a criminal offense under the Child Abduction Act 1984 undermines the Hague Abduction Convention and contradicts the UK's domestic abuse principles, which prioritize child safety.
Currently, retaining a child overseas is a civil matter, although it is a crime to take a child abroad without the consent of everyone with parental responsibility.
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About 75% of overseas abductions are by primary-carer mothers, at least 75% of whom are fleeing domestic abuse. There are about 500 new parental child abduction cases a year.
Roz Osborne, the chief executive of Global Action on Relocation and Return with Kids, said the vast majority of abduction cases her charity sees, about 90 a year, involve primary-carer mothers.
“Typically, she travels with her child on a permitted holiday to her home country. Once there, she realizes she cannot return to the country where the abuse occurred,” said Osborne. “Many mothers are unaware that taking their children to a safe place could be considered illegal, believing instead that they are doing the right thing to protect their child.
“With prison sentences of seven years for this new offense, this could have serious and lasting consequences for children and their protective parent,” she added.
Ruth Dineen, a co-founder of Hague Mothers, an advocate group for abused mothers affected by the Hague Abduction Convention, said: “This provision could result in children being compelled to return to the UK alone, without their mothers, and potentially into the care of an abusive father.
“If mothers do return with their children, they could face a jail sentence and forced separation from their child.”
Charlotte Proudman, who specializes in family law and women's rights, called the proposal a travesty of justice. “It will result in real injustices for victims of domestic abuse and child survivors because it means police have to investigate – and the CPS have to prosecute. There are no exceptions for allegations of child abuse, domestic abuse or rape.”
The change in the law, first proposed by the Law Commission more than a decade ago, has been supported by Both Parents Matter (formerly Families Need Fathers) and Reunite International, a group set up by parents left behind in cross-border parental abduction cases.
Alison Shalaby, the chief executive of Reunite, said: “This is not about criminalizing parents; it's about providing additional support for left-behind parents. This will mean the police are able to contact the abducting parent and say: ‘We won't take it any further if you bring the child back’.”
Helen Blackburn, a partner at The International Family Law Group, agreed it would act as a vital deterrent.
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“It also enables left-behind parents to access additional mechanisms to try and ensure a child's return,” she said. “This is particularly vital when children are in a country where it is not possible for the left-behind parent to seek their child's return via civil remedies.”
In their submission supporting the amendment, Both Parents Matter said: “Currently, a parent will sometimes simply remove the child under the guise of a short trip, as the risk of adverse repercussions may correctly be perceived to be low.
“Treating child abduction solely as a civil law matter is often ineffective in ensuring the return of children. Closing the loophole would create an effective deterrent that would reduce the occurrence of child abduction.”
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