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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

23 MAY 2008

INHERENT JURISDICTION: KB v Preston and West Lancashire Coroner

(Queens Bench Division; Cranston J; 15 May 2008)

The child had been cared for by his paternal uncle and family from the age of 8; the parents had been unable to care for him because of their heroin addiction. When the child committed suicide at the age of 15, the mother wanted the body to be released to her for burial in Liverpool. The paternal uncle wanted the body to be released for cremation near his family home.

The natural mothers rights should be displaced; the paternal uncle, who had had a strong bond with the child, should make the funeral arrangements in accordance with the childs wishes. The ashes should then be handed over to the mother for burial.

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