The Family Court’s jurisdiction to direct the burial of a child

9th August 2017

Christopher Sharp QC, who is acknowledged by Chambers UK as one of only five star Silks in Family Law in the country, has written an article for the August edition of the Family Law Journal, reviewing the recent case of Re K (A Child : deceased) [2017] EWHC 1083 (Fam).

While it is not uncommon for the Court to have to rule between disputing parties as to who should have the authority (and responsibility) to arrange the disposal of a body, and consequently and coincidentally often, where the body is to be buried and perhaps according to what rites, the question of whether the Court has jurisdiction to order that a body be buried, promptly and with all proper respect and decency, due to a delay in making the arrangements by those who would normally be expected to do so appears not to have been decided until Hayden J ruled on the topic very recently in Re K (A Child : deceased) [2017] EWHC 1083 (Fam). Christopher Sharp QC reviews the statutory and inherent jurisdiction and procedure, the case law and Hayden J’s approach to the problem.

Read more: The family courts jurisdiction to direct the burial of a child – Re K

View profile: Christopher Sharp QC

“Christopher is … brilliant on the detail, very clever, very thorough, and he doesn’t give up – he’s a classic QC.” Chambers UK 2017.