Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Child abduction definition

What does Child abduction mean? In legal practice, child abduction describes the wrongful removal or wrongful retention of a child from the care or control of a person with parental responsibility/parental responsibilities and rights, or under a custody/child arrangements order, without the necessary consent or a court order. It includes taking or keeping a child out of the jurisdiction. The term is used across family and criminal law. In England & Wales and Northern Ireland, parental and non-parental child abduction offences are principally created by the Child Abduction Act 1984 and the Child Abduction (Northern Ireland) Order 1985. In Scotland, parental child abduction...

Child Abduction under the Child Abduction Act 1984: Offences, Elements, Defences, DPP Consent, Case Law and Sentencing (England and Wales)

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Practice notes

The offences of Child abduction

The Child Abduction Act 1984 (CAA 1984) establishes two distinct child abduction offences. The first covers a parent or a person linked to the child who removes or sends the child out of the UK without the necessary consent (CAA 1984, s 1). The second addresses the abduction or detention of a child by others (CAA 1984, s 2). Both offences are triable either way in the magistrates' court or the Crown Court.

Consent of DPP

Proceedings for either child abduction offence may only begin with the consent of the Director of Public Prosecutions.

Elements of the offence of abduction of child by a person connected with a child

Section 1 of the CAA 1984 sets out the elements where the alleged offender is connected with the child. The prosecution must show:

an individual 'connected with' a child under 16
removes or
sends the child out of the UK
without the 'appropriate consent'

Meaning of 'person connected with a child'

Under the CAA 1984, the offence can only be committed by

...

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Web page updated on 21/05/2026

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