Re-Opening a Family Case: When You Can Ask the Court to Look Again

When the Family Court makes a decision about your child, whether in care proceedings, a child arrangements dispute, or another family law case, it can feel final.
But sometimes, circumstances change significantly, or new evidence comes to light.
In those situations, you may be able to ask the court to look again.
This guide explains when reopening a case is possible, what evidence is required, and how ASA Solicitors can help you apply correctly and persuasively.

Can a Family Case Be Reopened?

Yes, but only in specific circumstances.
The Family Court has the power to reconsider or reopen cases if:

• New evidence has emerged that wasn’t available at the original hearing;
• There was a procedural or legal error;
• The original decision was based on false, misleading, or incomplete information; or
• Circumstances have changed materially since the order was made.

However, reopening isn’t an opportunity to re-argue a case simply because you disagree with the outcome. The court will only reconsider if fairness or justice demands it.
Key Principle: The Family Court’s overriding objective is to protect children’s welfare, not to revisit every past disagreement.

Legal Options for Challenging or Reopening a Case

There are several legal routes depending on the type of case and the stage it’s at.

A. Appeal

If the decision is recent and you believe the judge made a legal or procedural error, you can apply for permission to appeal.
This must usually be done within 21 days of the order.

B. Application to Reopen Findings

If new evidence suggests the court’s earlier findings of fact were wrong (for example, about how an injury occurred), you can ask for the findings to be reconsidered.
This is often referred to as a “Re W application,” following case law that clarified this right.

C. Application to Discharge or Vary an Order

For ongoing orders like:

• Care Orders,
• Supervision Orders, or
• Child Arrangements Orders,
you can apply to discharge or vary them if your circumstances have significantly improved.

Example: A parent who has completed therapy, maintained stability, and addressed previous risks can apply to discharge a care order to seek their child’s return home.

When the Court Is Likely to Reopen a Case

The Family Court considers three key questions:

1. Is there new evidence or material change in circumstances?

Evidence must be genuinely new; not just reinterpreting old facts.

2. Would reconsideration make a real difference to the outcome?

The change or evidence must be significant enough to affect the original judgment.

3. Is it in the child’s best interests to reopen the case?

The court will always weigh fairness to parents against the need for the child’s stability and security.

Case Law Example: Re E (Children: Reopening Findings of Fact) [2019] confirmed that reopening findings is justified only where new evidence could realistically change the result and where it’s proportionate to the child’s welfare.

How to Apply to Reopen or Discharge a Case

The process varies depending on what you’re challenging:

Step 1: Obtain Legal Advice

Your solicitor will review the original judgment and any new evidence.

Step 2: Identify the Correct Application

• C2 application to vary or discharge an existing order;
• Application for permission to appeal; or
• Application to reopen findings of fact.

Step 3: Prepare Evidence

You’ll need to show:

• What has changed (e.g. rehabilitation, therapy, new reports);
• Why this evidence wasn’t available before; and
• How reopening benefits the child’s welfare.

Step 4: File and Serve the Application

Your solicitor submits the application to the Family Court and notifies the other parties.
A hearing is usually listed to decide whether permission to proceed will be granted.

Types of Evidence That Can Support Your Case

Updated expert assessments or therapy reports
Letters from professionals confirming progress
School, GP, or social worker evidence showing stability
Independent statements from carers or family
Positive inspection or supervision reports
The stronger and more objective your evidence, the higher the chance the court will agree to review the case.

Risks and Considerations

Reopening a case is serious and can be emotionally challenging.
The court aims to balance fairness with finality — avoiding endless litigation that unsettles children.
That’s why applications should be well-prepared and supported by strong evidence, not emotion or speculation.
Tip: Always discuss the pros and cons with your solicitor before applying. A premature or weak application can harm your credibility in future proceedings.

What a Solicitor Can Do for You

A family law solicitor plays a key role in:

• Reviewing your previous court file and transcripts;
• Identifying new evidence or legal grounds;
• Drafting a persuasive statement or skeleton argument;
• Filing the correct application within deadlines;
• Representing you in hearings and negotiations.

At ASA Solicitors, we specialise in post-proceedings applications, helping parents present structured, evidence-led requests that meet the court’s strict criteria.

Reopening a family case isn’t easy, but it is possible when the facts or circumstances have genuinely changed.
With the right legal guidance, parents can demonstrate progress, present new evidence, and seek fair reconsideration of past decisions.
Justice doesn’t stop at the first hearing; it continues wherever there’s proof that circumstances have moved on.

If your situation has changed or you believe the Family Court made a decision based on incomplete information, contact ASA Solicitors today.
Our expert family and child law team can assess your case, prepare strong evidence, and guide you through the process of reopening or discharging an order.

Call ASA Solicitors on 01274 900 400


Email info@asa.co.uk