The petitioner sought a faculty for the exhumation of his father's ashes from Kenilworth municipal cemetery. The remains of the deceased were interred at Kenilworth Cemetery in 2004, the petitioner having been told by the parish that there was no space for new interments in the parish churchyard. The petition was brought following his mother's death, the petitioner having learned that his mother's remains could be interred in the churchyard in the grave of her sister. The petitioner sought exhumation of his father's remains for their re-burial with the remains of his mother and aunt in the family grave in the churchyard. Following Re Blagden Cemetery [2002] Fam 299, the chancellor granted the faculty for exhumation on the basis that, at the time of burial, there had been a misunderstanding amounting to a mistake about the possibility of interment in the churchyard. In addition, the petitioner had a genuine wish to inter his parents’ remains in a family grave. The chancellor made clear that the decision was not influenced by the allegation that the municipal cemetery was poorly maintained; poor maintenance would only constitute grounds for exhumation in extreme situations where the lack of repair made the cemetery an unfit place for burial. [Catherine Shelley]