S (Children) (New Evidence), Re

The new evidence disclosed by the Home Office was inconsistent with the father’s evidence at trial and undermined the judge’s findings on core issues, rendering them unsustainable. The interests of justice required that the new evidence be admitted, the findings set aside, and the matter remitted for rehearing.

Parties: Appellant: Mother; Respondent: Father
Jurisdiction: England and Wales
Judgment Date: 04 October 2025
Procedural Posture: Family Law Children / Appeal From High Court, Rehearing Ordered
Outcome: Appeal allowed, findings set aside, matter remitted for rehearing before a Family Division Judge
Legal Topics: Appeals, Fact Finding, New Evidence, Child Welfare, International Child Abduction

Family Law Children Law Appeals Fact Finding New Evidence Child Welfare International Child Abduction

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2

Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Children / Appeal From High Court, Rehearing Ordered

Legal Issues

1 Whether the trial judge's findings were undermined by new evidence disclosed by the Home Office
2 Whether the mother should be permitted to adduce new evidence on appeal
3 Whether the findings of fact should be set aside and the matter remitted for rehearing

Ratio Decidendi

Court Disposition

Appeal allowed, findings set aside, matter remitted for rehearing before a Family Division Judge

Orders

Permission granted to adduce new evidence
Findings of fact set aside