JS (Disposal of Body), Re

JS (Disposal of Body), Re

The court has power to make a prospective order appointing the mother as sole administrator of JS's estate to effect JS's wishes for cryonic preservation, and to prevent the father from interfering or viewing the body, as this is necessary to resolve the dispute and protect JS's welfare, given her competence, clear wishes, and the exceptional family circumstances.

Parties
Applicant: JS; 1st Respondent: M; 2nd Respondent: F
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Family Division Specific Issue Application / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Disposition of Dead Body, Parental Responsibility, Specific Issue Order, Injunctions, Administration of Estate, Cryonic Preservation, Welfare Principle
Family Law Probate Law Children Law Disposition of Dead Body Parental Responsibility Specific Issue Order Injunctions Administration of Estate +2 more

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Parties

JS

Applicant

M

1st Respondent

F

2nd Respondent

Procedural Posture

Family Division Specific Issue Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the court can make orders regarding the disposal of a child's body after death where parents disagree
  2. 2 Whether a prospective order can be made to appoint a sole administrator for the child's estate to effect the child's wishes
  3. 3 Whether the court can prevent a parent from viewing the child's body after death against the child's wishes

Ratio Decidendi

The court has power to make a prospective order appointing the mother as sole administrator of JS's estate to effect JS's wishes for cryonic preservation, and to prevent the father from interfering or viewing the body, as this is necessary to resolve the dispute and protect JS's welfare, given her competence, clear wishes, and the exceptional family circumstances.

Court Disposition

Application granted

Orders

  • Specific issue order permitting the mother to arrange for JS's cryonic preservation after death
  • Injunction preventing the father from applying for administration, making or interfering with arrangements for disposal of JS's body