Father loses court fight with his ex-wife over whether to bury or cremate their teenage son, 17, who took his own life

A Christian father lost a lawsuit with his ex-wife over whether his teenage son’s body should be buried or cremated.

Photographer Gabrielle Barbus, 17, who grew up in Hornchurch, east London, committed suicide last December after struggling with mental health issues.

She has still not been put to rest after her religious father, Stefan Barbus, sued her mother, Georgia Opritescu, over a fundamental disagreement about ‘what should happen to her body’.

Mr Barbus, a Roman Orthodox Christian, believes his son’s ‘soul’ will be in danger and if he is not buried he risks missing the opportunity for resurrection in the final judgment.

But Ms Opritescu, who had no such belief and insisted Gabrielle did not either, wanted his body cremated and his ashes scattered to ‘return him to nature’ in his beloved Devon countryside.

Gabrielle’s father obtained an injunction last month preventing her mother from ‘taking steps to dispose of Gabrielle’s body’.

This week the pair faced off in the Supreme Court, where Judge Jonathan Klein handed the victory to Ms Opritescu, bringing the ‘heartbreaking case’ to an end.

Ruling that Gabrielle’s body, now in the coroner’s possession, should be cremated and her ashes dispersed in accordance with the wishes of her mother and older brother Antonio, the judge said the little information available indicated that Gabrielle’s own preference was cremation.

Stefan Barbus (pictured arriving at court) adheres to an orthodox branch of the Christian faith; This dictates that his son’s ‘soul’ will be in danger if he is not buried

Giving evidence, Mr Barbus told the court: ‘The reason the funeral was so important was because he had been baptized as an Orthodox Christian.

‘A funeral ceremony respects the sanctity of the human body and soul, and I believe that we will all be resurrected one day. Therefore, cremation of the body is unacceptable as it destroys the body and cannot be returned.’

But the judge said his offer reflected “his own religious beliefs, not Gabrielle’s.”

The judge, who ordered the cremation and scattering of the ashes, said Gabrielle was closer to her mother and brother than to her father and that they were probably correct in their belief that ‘the burial of the ashes was inconsistent with her personality’.

‘Mr Barbus, who fought for and lost what he saw as Gabrielle’s soul… said he did not want to attend a dissolution ceremony because it would be distressing for him,’ the judge said.

‘The ashes may have been scattered at a specific location in Devon that was special to Gabrielle. If this is the case, I hope that Mr. Barbus might find some relief if he knew where this happened and could visit there to mourn.’

During the hearing of the case, the court heard that Mr Barbus and Ms Opritescu separated in 2010, when Gabrielle was just two years old, and divorced in 2013.

Gabrielle, a talented, aspiring photographer and keen goalkeeper who lived in Hornchurch with her mother and family, tragically took her own life on December 30 last year following mental health problems.

James Poole, for Mr Barbus, told the judge that Gabrielle was raised by her mother after the couple split, but Mr Barbus ‘remained Gabrielle’s father and was involved in her life’.

Gabrielle’s mother Georgia Opritescu (right) arrives at the London High Court with Antonio

He added that his untimely death was ‘devastating and devastating to all members of the family’.

“This is not a situation where Gabrielle had an express wish, such as instructions in her will or even journaling,” he said.

‘This is certainly not unusual. Many people, especially 17-year-old boys, do not express funeral wishes.

‘Mr Barbus wants Gabrielle buried. Mrs. Opritescu wishes it to be cremated.

‘Mr Barbus’ funeral wishes are sincere and rooted in his Orthodox Christian faith.

‘It is difficult to put into words the importance of this issue to him; According to Mr Barbus, what is at stake is Gabrielle’s soul.’

The barrister said Mr Barbus’ wish was for Gabrielle’s ashes ‘to be buried so that she and her family would have somewhere to visit and light a candle’, as an alternative position if the funeral request was unsuccessful.

But Ms Opritescu told the judge she wanted her son to be free and for his ashes to be scattered around and returned to nature, rather than being ‘imprisoned’ in a coffin or an urn on the ground.

He told the judge in the witness box: ‘Her father is a believer, but Gabrielle did not grow up in a religious family.

‘My son Gabrielle and the life he lives would not want to be limited to space. This would make me sad.

‘I want him back to the nature he loves, not imprisoned.’

Her lawyer, Tom Alkin, told the judge that during a conversation she revisited when Gabrielle was 11 and again as a teenager, Gabrielle acknowledged “there was a healthier way to say goodbye to a loved one.”

‘The wishes of those closest to Gabrielle should matter more,’ he added.

Gabrielle’s older brother Antonio supported his mother and told the judge: ‘I want Gabrielle to be free; for his remains may be a part of the whole world, of the natural world he loved.’

Giving his verdict, the judge said: ‘This is my decision following a heartbreaking allegation.

‘Tragically, Gabrielle took her own life on 30 December 20205. He was 17 years old.

‘Mr Barbus and Ms Opritescu cannot agree on arrangements for the burial of Gabrielle’s body. That’s what I have to decide.

‘I have no doubt that everyone involved is heartbroken and grieving for Gabrielle and their wishes and feelings are deeply held.

‘The court must make an evaluative judgment when deciding how to dispose of a body.

‘Close family and friends may have understood what the person wanted and the person may also have wanted to be well thought of by them.

‘Mr Barbus is a Roman Orthodox Christian. Gabrielle herself was baptized a Roman Orthodox Christian.

‘Following the divorce, Mr Barbus was not involved in making decisions about Gabrielle’s life.

‘ he said [in evidence] ‘I loved my son very much and my wishes are based on my faith… There is nothing more important to me than knowing that my son’s soul can enter heaven and that one day we can all be resurrected.

‘He said he never secretly wanted to be cremated, but if he was cremated he wanted his ashes to be buried so he could have somewhere to light a candle. He said if his ashes were scattered, there would be nowhere to go.

‘Mrs Opritescu and Gabrielle were close. Gabrielle had no religious education.

‘Two families went to Devon on holiday. Gabrielle had a great time, especially enjoying the outdoor activities.

‘Gabrielle stated that cremation is a healthier way to say goodbye to a loved one.

‘Mrs Opritescu said that the funeral ceremony did not suit Gabrielle as a person. He said that he wanted to be free, and that if he was buried, he would be imprisoned and that would make him sad.

‘What Gabrielle said should be given serious weight because she has given it some thought and expressed the same opinion over a period of time.

‘It seems to me that Mr. Barbus’ offer… actually reflects his own religious beliefs, not Gabrielle’s.

‘I do not believe that the Christian faith is of unimportant importance to Gabrielle.

‘There is evidence that although he respected the religious beliefs of others, he did not follow the rules.

‘Gabrielle’ had a closer relationship with Ms. Opritescu than with Mr. Barbus. Due to the closeness of this relationship, it is more likely that he wanted to comply with Ms. Opritescu’s wishes. I also focused on Antonio’s choice of cremation.

‘In this case I have come to the conclusion that a cremation is necessary. The question of whether the ashes should be scattered or buried proved more difficult.’

The judge said he heard statements from Gabrielle’s mother and brother that ‘the burial of the ashes was incompatible with her personality’.

‘Mrs Opritescu is probably right that Gabrielle is someone who wants to be free,’ he continued. ‘It’s also possible that she knows what he wants.’

The judge said Mr Barbus said that while he had planned to attend Gabrielle’s funeral, he could not go and see her ashes scattered.

‘Mr. Barbus, who fought for and lost what he saw as Gabrielle’s soul… said he did not want to attend a dissolution ceremony because it would be upsetting for him.

‘The ashes may have been scattered at a specific location in Devon that was special to Gabrielle. If this is the case, I hope that Mr. Barbus may find some relief if he knows where this incident took place and visits there to mourn.

“I cannot conclude this judgment without expressing my condolences to Gabrielle’s family and friends for their tragic loss,” the judge said.

The judge did not make any decision regarding the costs of the case.

In an online tribute, Antonio says of Gabrielle: ‘My sister Gabrielle had a bright soul. He bore a gentle smile that warmed people; The kind of smile that makes you feel like everything is okay.

‘Gabrielle had a talent for photography; he noticed small details that others missed and looked at the world from his own unique perspective.

‘When he wasn’t behind the lens he was often seen as a goalkeeper on the football field; He was a natural defender who thrived under the pressure of the game.

‘He also had a creative rhythm; He spent time writing and singing his own rhymes, finding words for things most people couldn’t express.

‘He was a son, a brother, a friend and someone who mattered deeply to so many. But Gabrielle was struggling. And like many people, he felt he had to hide it. He felt there was no way out.

‘On December 30, 2025, when he was only 17 years old, he lost his battle with himself and committed suicide.

‘This loss sent a shockwave through everyone who knew him. Their friends, classmates, and loved ones carry a heavy burden of pain and unanswered questions.

‘No one should have to bury a child. And no one should have to bear this much pain alone.

‘When you lose someone like this, a silence is added to the pain that is hard to break.

‘As a family, we realized the struggle wasn’t just about mental health, but the feeling that you had to protect everyone else from your pain.

We believe we can start to break this silence by talking openly about Gabrielle and providing her friends with the support they need right now.

‘Suicide can be prevented, but only if we create a world where people feel safe enough to say they are not okay.’