Burial of a child's remains: Resolving parental disputes

Abstract

A dispute between parents as to where or how to dispose of their child's remains may seem too tragic to countenance. However, it can occur, understandably, where two parents live far apart (in different countries even), or have differing beliefs, and neither can bear the thought of being distanced permanently from their child's final resting place or being unable to mourn their child's loss in the way that they would wish.

If an application to court becomes necessary to determine the dispute, a sensitive and urgent approach is called for. It is hoped that this article might assist in navigating the limited and somewhat conflicting reported decisions on the issue so that an application can be brought as soon as possible.