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Mothers fleeing domestic violence who keep their children overseas without permission would be criminalised for the first time under a new law.
The change is introduced in a proposed amendment to the crime and policing bill, backed 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 permission of the other parent will commit a criminal offence.
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.
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.
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 specialises 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.”