E (A Child: Burial Arrangements)

E (A Child: Burial Arrangements)

Special circumstances exist due to the mother's conviction, imprisonment, and practical inability to fulfil her duties as administrator, justifying substitution of the father as sole administrator under Section 116 Senior Courts Act 1981 to arrange the funeral and burial of the deceased child.

Parties
Applicant Father: ND; Respondent Mother: LD
Jurisdiction
England and Wales
Judgment Date
27 November 2019
Procedural Posture
Family Law Probate/administration / Judgment After Final Hearing
Outcome
Application granted in favour of the applicant father.
Legal Topics
Burial Arrangements, Letters of Administration, Declaration of Parentage, Section 116 Senior Courts Act 1981, Funeral Disputes, Parental Rights After Child Death
Family Law Probate Law Burial Arrangements Letters of Administration Declaration of Parentage Section 116 Senior Courts Act 1981 Funeral Disputes Parental Rights After Child Death

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Parties

ND

Applicant Father

LD

Respondent Mother

Procedural Posture

Family Law Probate/administration / Judgment After Final Hearing

Legal Issues

  1. 1 Who should be granted letters of administration for the deceased child's estate and funeral arrangements?
  2. 2 Whether special circumstances justify substituting one parent for another under Section 116 Senior Courts Act 1981
  3. 3 Whether the proposed funeral arrangements are respectful and appropriate

Ratio Decidendi

Special circumstances exist due to the mother's conviction, imprisonment, and practical inability to fulfil her duties as administrator, justifying substitution of the father as sole administrator under Section 116 Senior Courts Act 1981 to arrange the funeral and burial of the deceased child.

Court Disposition

Application granted in favour of the applicant father.

Orders

  • Declaration of parentage in favour of the father.
  • Declaration of entitlement in favour of the applicant father under Section 116 Senior Courts Act 1981 to a grant of letters of administration for the purpose of making arrangements for the disposal of the body and necessary funeral arrangements.