A faculty was sought for the exhumation of the remains of the petitioner's father for their cremation and re-interment with the remains of his mother in a family grave in the village of their birth in Senerchia, Italy. The deceased was Roman Catholic and always maintained a strong sense of identity with his Italian roots. The remains had been buried in 1992. After a hearing, applying the decision of the Court of Arches in Re Blagdon Cemetery [2002] Fam 299, the chancellor found that special circumstances existed justifying a faculty for the exhumation. In particular, there had been two significant changes of circumstances since the interment: first, the Roman Catholic Church has become more accepting of cremation as a means of the disposal of remains; and second, the expansion of the local cemetery in Senerchia made the extension of the existing family grave possible. The petitioner's mother's remains had already been cremated and returned to Italy in hope of their interment with the remains of her husband in accordance with her deeply held wishes. The chancellor accepted that the practice of the Roman Catholic Church in 1992 meant that cremation was not a realistic option at that time, and the difficulty and expense of transporting the body to Italy removed that possibility also. The strong support of all of the wider family and of the Chancellor of the Roman Catholic Archdiocese of Southwark also strengthened the petition. [RA]
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