The petitioner sought a faculty authorising the exhumation of the cremated remains of her father, who had died in 1988, so that they could be re-interred in a cemetery plot which contained the cremated remains of her mother, who had died in 2007. The grounds advanced in support of the petition were that the petitioner suffered from osteoarthritis, as a result of which she did not feel able to visit her father's grave more than twice a year and that she found the location of her parents' remains in separate places difficult to accept, their having been married for forty-two years. There were no formal objections but one parishioner was concerned that exhumation of the petitioner's father's remains might disturb the adjacent remains of her late husband and the concern was raised by a churchwarden that ‘a person's final resting place should remain so’. Applying Re Blagdon Cemetery [2002] Fam 299, the chancellor held that the decline in the petitioner's mobility did not amount to a medical reason that displaced the presumption of the permanence of burial. He noted the concerns of the widow of the person whose remains were interred in the adjacent plot and the unease at what was proposed expressed by the churchwarden: the concerns of those related to persons whose remains were buried in surrounding plots should be taken into account. As a decision had been taken in 2007 to bury the remains separately, the chancellor was not persuaded that the case put forward for bringing together the remains of members of the same family displaced the presumption of the permanence of burial. The petition was refused. [Alexander McGregor]
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