Family wins cremation battle over Aborigine

AN ENGLISH woman who adopted an Aborigine won a court ruling yesterday allowing her to decide his final resting place after his natural mother lost her fight to bury him according to Australian native tradition.

A High Court judge ruled it was in the best interests of Dayne Childs's two-year-old daughter, Hollie, his girlfriend, Kirsten Milton, and adoptive mother that his funeral arrangements be made in their home city of Norwich.

Mrs Justice Hale said the wishes of Mr Childs's natural mother, Cheryl Buchanan, should be respected, but did not amount to the special reasons necessary to grant her administration of his burial.

The body of Mr Childs, who died in a car crash aged 26, has been in a mortuary since last July because his two families could not agree on where he should be buried. Mrs Buchanan claimed that plans to cremate her son were repugnant to Aboriginal culture and that his spirit could be freed only if he was buried in his homeland.

The court was told that Mr Childs's adoptive mother, Annette, had given permission for his Aboriginal family to say "farewell" in the mortuary and attend his funeral.

In her ruling, the judge said the "tall, dark, handsome man who was popular with women" had thought of himself as English but also recognised his background.

Mr Childs was born in a Brisbane hospital in 1972 when his mother, who was 18 and unmarried, worked for the Aborigine tribal council. His adoption papers showed that his birth mother wanted to keep him but had no means of supporting him and had signed adoption consent papers after four days. The Childs family adopted him in 1974 when they were living in Australia where they stayed until 1979. They named him Dayne and had their own son as well as adopting another child. "It was a close, loving and open- minded family," the judge said.

Mrs Buchanan said she had never forgotten her son and in 1991 when the law was changed and she was given the right to know the names of his adoptive parents, she tracked him down. But he did not want to talk to her and she did not try to contact him again until 1996 when she persuaded him to pay a visit to Australia to meet his natural family.

When he returned to England he was no longer the "cool and collected young man" he had been previously, but resumed his relationship with Kirsten Milton and their two-year-old daughter.

After his death, Mrs Childs planned to have him cremated and buried next to her husband who died in 1996 but his Aborigine family begged her not to do this and asked for his body to be returned to Australia. Ms Milton initially agreed but then began to have misgivings over whether it was in their daughter's best interests and whether it was what Mr Childs would have wanted. It was then that the legal battle began.

The judge said she had reached her conclusion after taking into account the deeply held feelings of both families.

Voices
voices
News
President Obama, one of the more enthusiastic users of the fist bump
newsBumping fists rather than shaking hands could reduce the spread of infectious diseases, it is claimed
Life and Style
Upright, everything’s all right (to a point): remaining on one’s feet has its health benefits – though in moderation
HealthIf sitting is bad for your health, what happens when you stay on your feet for a whole month?
News
newsHad asteroid hit earlier or later in history, the creatures might have survived, say scientists
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Arts and Entertainment
Peter Griffin holds forth in The Simpsons Family Guy crossover episode
arts + ents
Sport
Laura Trott with her gold
Commonwealth GamesJust 48 hours earlier cyclist was under the care of a doctor
Arts and Entertainment
Gal Gadot as Wonder Woman
arts + entsFilmmaker posted a picture of Israeli actress Gal Gadot on Twitter
News
Bryan had a bracelet given to him by his late father stolen during the raid
people
Arts and Entertainment
Chris Pratt stars in Guardians of the Galaxy
arts + ents
Arts and Entertainment
Pedro Pascal gives a weird look at the camera in the blooper reel
arts + entsPrince Oberyn nearly sets himself on fire with a flaming torch
News
Danny Nickerson, 6, has received 15,000 cards and presents from well-wishers around the world
newsDanny loves to see his name on paper, so his mother put out a request for cards - it went viral
Sport
France striker Loic Remy
sportThe QPR striker flew to Boston earlier in the week to complete deal
News
Orville and Keith Harris. He covered up his condition by getting people to read out scripts to him
People
Arts and Entertainment
Zoe Saldana stars in this summer's big hope Guardians of the Galaxy
filmHollywood's summer blockbusters are no longer money-spinners
Arts and Entertainment
O'Shaughnessy pictured at the Unicorn Theatre in London
tvFiona O'Shaughnessy explains where she ends and her strange and wonderful character begins
Life and Style
Workers in Seattle are paid 100 times as much as workers in Bangladesh
fashionSeattle company lets customers create their own clothes, then click 'buy' and wait for delivery
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

SAP Finance Systems Analyst

competitive: Progressive Recruitment: This is an exciting opportunity for a PE...

Credit Controller - Enfield

Negotiable: Ashdown Group: Credit Controller - Enfield (North London / Hertfor...

year 5 teacher

£21000 - £32000 per annum: Randstad Education Chelmsford: Would you like to wo...

Supply Teacher

£100 - £120 per day: Randstad Education Chelmsford: Would you like to have a b...

Day In a Page

A new Russian revolution: Cracks start to appear in Putin’s Kremlin power bloc

A new Russian revolution

Cracks start to appear in Putin’s Kremlin power bloc
Eugene de Kock: Apartheid’s sadistic killer that his country cannot forgive

Apartheid’s sadistic killer that his country cannot forgive

The debate rages in South Africa over whether Eugene de Kock should ever be released from jail
Standing my ground: If sitting is bad for your health, what happens when you stay on your feet for a whole month?

Standing my ground

If sitting is bad for your health, what happens when you stay on your feet for a whole month?
Commonwealth Games 2014: Dai Greene prays for chance to rebuild after injury agony

Greene prays for chance to rebuild after injury agony

Welsh hurdler was World, European and Commonwealth champion, but then the injuries crept in
Israel-Gaza conflict: Secret report helps Israelis to hide facts

Patrick Cockburn: Secret report helps Israel to hide facts

The slickness of Israel's spokesmen is rooted in directions set down by pollster Frank Luntz
The man who dared to go on holiday

The man who dared to go on holiday

New York's mayor has taken a vacation - in a nation that has still to enforce paid leave, it caused quite a stir, reports Rupert Cornwell
Best comedians: How the professionals go about their funny business, from Sarah Millican to Marcus Brigstocke

Best comedians: How the professionals go about their funny business

For all those wanting to know how stand-ups keep standing, here are some of the best moments
The Guest List 2014: Forget the Man Booker longlist, Literary Editor Katy Guest offers her alternative picks

The Guest List 2014

Forget the Man Booker longlist, Literary Editor Katy Guest offers her alternative picks
Jokes on Hollywood: 'With comedy film audiences shrinking, it’s time to move on'

Jokes on Hollywood

With comedy film audiences shrinking, it’s time to move on
It's the best of British art... but not all is on display

It's the best of British art... but not all is on display

Voted for by the British public, the artworks on Art Everywhere posters may be the only place where they can be seen
Critic claims 'I was the inspiration for Blanche DuBois'

Critic claims 'I was the inspiration for Blanche DuBois'

Blanche Marvin reveals how Tennessee Williams used her name and an off-the-cuff remark to create an iconic character
Sometimes it's hard to be a literary novelist

Sometimes it's hard to be a literary novelist

Websites offering your ebooks for nothing is only the latest disrespect the modern writer is subjected to, says DJ Taylor
Edinburgh Fringe 2014: The comedy highlights, from Bridget Christie to Jack Dee

Edinburgh Fringe 2014

The comedy highlights, from Bridget Christie to Jack Dee
Dame Jenny Abramsky: 'We have to rethink. If not, museums and parks will close'

Dame Jenny Abramsky: 'We have to rethink. If not, museums and parks will close'

The woman stepping down as chair of the Heritage Lottery Fund is worried