Gabrielle Barbus death: Father loses ‘heartbreaking’ High Court battle over son’s final resting place

A religious father has lost a “heartbreaking” High Court battle over the final resting place of his teenage son, who died by suicide in December after struggling with mental health issues.

The decision means that 17-year-old Gabrielle Barbus, a beginner photographer, will be cremated against the wishes of her Roman Orthodox Christian father, Stefan Barbus.

Mr. Barbus had sued his ex-wife, Georgia Opritescu, over the dispute, believing that his son’s “soul” would be in danger and risk being denied the resurrection in the final judgment if he was not buried.

But Ms Opritescu, who did not share such beliefs and insisted Gabrielle did not either, asked for the body to be cremated, with plans to scatter her ashes “back to nature” in her beloved Devon countryside.

Gabrielle, who has not been buried since her death, was the subject of an injunction obtained by her father in February that prevented her from taking steps to dispose of her mother’s body.

This week, Judge Jonathan Klein brought the “heartbreaking case” to an end in the Supreme Court.

The judge ruled in Ms. Opritescu’s favor, ordering that Gabrielle’s body, currently held by the coroner, be cremated and her ashes dispersed, in accordance with the wishes of her mother and older brother, Antonio.

Judge Klein noted that the limited information available suggested Gabrielle’s own preference would have been for cremation.

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

“Burial 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 the 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 and lost for 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 particular location in Devon that was special to Gabrielle. If that is the case, I hope that Mr Barbus may find some relief if he knows where it is and can 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 with her mother and family in Hornchurch, east London, took her own life on 30 December 2025 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”.

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

“This is not a case where Gabrielle had a clear wish, such as instructions in her will or even a diary entry,” he said.

“This is of course not unusual. Many people, especially 17-year-old boys, do not express their funeral wishes.

“Mr. Barbus wishes Gabrielle to be buried, and Ms. Opritescu wishes to be cremated.

“Mr. Barbus’ wishes regarding the funeral are sincere and rooted in his Orthodox Christian faith.

“It is difficult to put into words the importance of this matter to him; for Mr. Barbus, what is at stake is Gabrielle’s soul.”

The lawyer said Mr Barbus’ wish, as an alternative position if his funeral request was unsuccessful, was for Gabrielle’s ashes “to be buried so that he and his family would have somewhere to visit and light a candle”.

But Ms Opritescu told the judge she wanted her son to be free and returned to nature by scattering his ashes rather than “imprisoning” them in a coffin or urn on the ground.

On the witness stand, he told the judge: “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, that would make me sad.

“I want him to return to the nature he loves, not to be imprisoned.”

Her attorney, Tom Alkin, told the judge that during an interview when Gabrielle was 11 and revisited as a teenager, Gabrielle said she agreed that “cremation 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 backed his mother, telling the judge: “I want Gabrielle to be free because her remains will be part of the whole world, the natural world she loved.”

The judge who made his decision said the allegation was “heartbreaking”.

“I have no doubt that everyone involved is heartbroken and grieving for Gabrielle and their wishes and feelings are deeply held,” he said.

“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 that in his heart he never wanted to be cremated, but if he was cremated he wanted his ashes to be buried so that he would have a place to light a candle. He said if his ashes were scattered around there would be nowhere to go.”

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

“The two went to Devon for a family holiday. Gabrielle had a great time, particularly enjoying the outdoor activities.

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

“Mrs. Opritescu said that burying Gabrielle did not suit her as a person, that she wanted to be free, and that if she was buried, she would be imprisoned and this would upset her.

“What Gabrielle said needs to be given serious weight because she has given this matter some thought and has expressed the same view over a period of time.

“It seems to me that Mr. Barbus’ proposal… 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 comply with them.

“Gabrielle had a closer relationship with Ms. Opritescu than with Mr. Barbus. Because of the closeness of this relationship, it is more likely that she wanted to comply with Ms. Opritescu’s wishes. I also gave weight to Antonio’s choice to have the body cremated.

“In this case, I concluded that a body should be cremated. 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.”

“Ms. Opritescu is probably right that Gabrielle is someone who wants to be free,” he continued. “And he probably knows what he wants himself.”

The judge said Mr Barbus said that while he had planned to attend Gabrielle’s funeral, he was unable to go and see her ashes scattered.

“Mr. Barbus, who fought and lost for 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 particular location in Devon that was special to Gabrielle. If that is the case, I hope that Mr Barbus may find some relief if he knows where it is and can visit 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.

He did not give any instructions regarding the costs of the case.

If you are experiencing feelings of distress or finding it difficult to cope, you can speak to Samaritans confidentially on 116 123 (UK and ROI), email jo@samaritans.org or visit . Samaritans Website to find details of your nearest branch.

If you are a US resident and you or someone you know needs mental health help right now, call or text 988 or visit: 988lifeline.org To access online chat on the 988 Suicide and Crisis Lifeline.

This is a free, confidential crisis helpline available to anyone 24 hours a day, seven days a week. If you are in another country you can go www.befrienders.org To find a helpline near you.