The High Court has ordered that the remains of a young mother of two who died last Friday are to be buried by her parents in Askeaton, Co Limerick.
Timothy O'Reilly, who had two children with 22-year-old Kathleen Mc Carthy O'Reilly at Riverview, Kilmallock, Co Limerick, following an "invalid" wedding ceremony, lost an application to be allowed to conduct his late wife's funeral arrangements.
Ms Justice Elizabeth Dunne told Michael and Margaret Mc Carthy today that they would have responsibility for the funeral of their daughter but would have to arrange separate day-long wakes in funeral parlours in Cork and Askeaton for both families.
Following Kathleen's death last Friday a row erupted over where she should be buried and by whom moved to the High Court when her partner, Timothy O'Reilly, asked Judge Dunne on Monday to release her body to him for burial.
The couple were "married" in a ceremony conducted by controversial Bishop Michael Cox following an elopement.
Judge Dunne said the couple had gone through a ceremony of marriage which had clearly been accepted by both parties as not a valid marriage. Two children had been born to the relationship and it was not disputed that their names were O'Reilly.
Judge Dunne said she had taken the view that because of the sensitive nature of this particular dispute that when the matter opened before her she had attempted to facilitate the parties to try to come to some arrangement to resolve matters if possible themselves.
Despite the best efforts of all concerned it had not been possible for them to agree.
The remains will be released into the care of the Mc Carthy family to be waked by the family tomorrow in a funeral parlour in Cork. On Thursday the remains would be removed to a funeral parlour in Askeaton where her remains will be waked by the O'Reilly family.
On Friday the remains would be buried in Kilcornan Cemetery following requiem mass in Askeaton. Judge Dunne said she did not wish to go through the religious ceremony but hoped that some accommodation could be reached between the parties to reflect during the mass the feelings of both parties involved.