New Law Could Criminalise Protective Mothers Fleeing Abuse
A controversial amendment to the Crime and Policing Bill currently before the House of Lords could see domestic abuse victims facing criminal charges for keeping their children overseas without the other parent's permission. This represents a significant shift in how the UK handles international parental child abduction cases.
Opposition from Domestic Abuse Charities
Critics argue this change fundamentally undermines both the Hague Abduction Convention and the UK's domestic abuse principles that prioritise child safety. Currently, retaining a child overseas is treated as a civil matter, though taking a child abroad without consent from all parties with parental responsibility is already criminal.
Roz Osborne, chief executive of Global Action on Relocation and Return with Kids, revealed that approximately 90 cases per year involve primary-carer mothers fleeing abuse. "Typically, she travels with her child on a permitted holiday to her home country. Once there, she realises she cannot return to the country where the abuse occurred," Osborne explained.
Ruth Dineen, co-founder of Hague Mothers, expressed grave concerns: "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."
Support from Fathers' Rights Groups
The amendment has received backing from Both Parents Matter (formerly Families Need Fathers) and Reunite International, a charity established by parents left behind in cross-border parental abduction cases.
Alison Shalaby, chief executive of Reunite, defended the proposal: "This is not about criminalising 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.'"
Statistics indicate that about 75% of overseas abductions are by primary-carer mothers, with at least 75% of these cases involving mothers fleeing domestic abuse. The UK sees approximately 500 new parental child abduction cases annually.
Charlotte Proudman, a specialist in family law and women's rights, called the proposal "a travesty of justice" that could lead to victims of domestic abuse and child survivors facing prosecution without exceptions for abuse allegations.
The proposed changes would introduce prison sentences of up to seven years for parents who retain children overseas without permission, creating what supporters describe as a vital deterrent against international child abduction.