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Provided there is no specific court or public order document prohibiting access, then equal access for all 'immediate' family members should be available.

However, if the individual wishing to visit the deceased parent was in any way accountable, or alleged to have been accountable for the death of the parent, especially if there is currently any un-adjudicated court case, then discretionary consideration should be made, so as not to cause distress among family members.

In scenarios such as these, then it may be possible to speak with the Funeral Director, for the purpose of scheduling a private visitation, outside of any times planned for other visitors.

If for any reason the children of the deceased are minors and are being denied rightful access, then the courts may be able to assist by filing an application for an Order permitting rightful access. This may be done 'pro se' (with out an attorney). In seeking such an order, it should be anticipated that the judge would most likely schedule a 'hearing' (time-dependent, such as within 24 hours), to allow the Respondent (the individual you're seeking the Order against), to come before the court to present why they're denying you rightful access to an immediate parent.

In scenarios such as these, applications may be made in person at the clerk of the court's office or through a solicitor (attorney).

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Q: What funeral home visitation rights do the children of a deceased parent have?
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