A faculty was refused for the exhumation of the remains of the petitioner's daughter, who had died in 1968 shortly after birth. The petitioner, her husband and their son had emigrated to Australia in 1974. After a visit to her daughter's grave in 2013 the petitioner and her husband resolved to seek authority to exhume their daughter's remains so that they could be cremated and transported to Australia, where they would be interred at a cemetery in New South Wales. Applying Re Blagdon Cemetery [2002] Fam 299, the deputy chancellor held that moving to a new area could not of itself justify the grant of a faculty, and that the lapse of time since the burial and the fact that the proposed cremation would represent a further interference with remains that had been at rest for a long time both weighed against the grant of a faculty. [Alexander McGregor]
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