Kylie lost her daughter who had just left her boyfriend after enduring an abusive relationship… then came another cruel blow
A mother ho was denied access to her young daughter’s body for weeks due to a debate over who owned her body, is calling for urgent law reform to ensure abusers cannot become their victim’s next of kin.
Caitlin Rose Thornton, 21, was found unconscious at a Cessnock home, in NSW’s Hunter region, on March 8, 2023.
She died in hospital three days later, leaving behind two young sons. She had no will.
NSW Police treated the young beautician’s death as a suspected self-harm incident.
At the time, Caitlin’s former partner, Alex Passfield, had a history of domestic violence against her that police were aware of.
Her mum, Kylie Bailey, said she was unable to see her daughter’s body or organise a funeral for four weeks, as Passfield was still considered her next of kin
Ms Bailey said Caitlin had ended her tumultuous relationship with Passfield and moved out of the home she shared with him just weeks before her death.
‘As soon as she was pronounced dead, I had no rights to everything. I even had to get permission from him to be able to go to the forensic medicine morgue and view her. He got control of everything,’ Ms Bailey told Daily Mail.
Caitlin left behind two little boys who are now in the care of her mum Kylie
After her daughter Caitlin (centre) died, Kylie (right) is calling for a new law to ensure abusers can’t automatically become their victim’s next of kin
She said Caitlin was registered to her family’s address in the NSW Hunter Valley and on a single parenting payment at the time of her death.
‘We had all this evidence that they weren’t together, but because he said to the police when they attended that they were together and he was her next of kin, they automatically put it down on the paperwork for the coroner,’ Ms Bailey said.
‘He had also told the police that she had no family.’
The family’s struggle was first shared in 2023 on A Current Affair after Passfield refused to release her body until certain demands were met.
Those demands included Ms Bailey and her then-husband dropping an assault charge they had against him.
A day after the episode aired, Ms Bailey said Passfield released Caitlin’s body to her family, however he still wanted to have a say in the funeral service.
‘I originally wanted to get Caitlin cremated so that he could never touch her again, never have his hands on her again for her own dignity and respect,’ Ms Bailey said.
‘He wouldn’t allow a cremation – she had to be buried and at a cemetery of his choice.’
Kylie said Caitlin was in the process of trying to gain custody of her kids just before she died
Ms Bailey added: ‘He’s still next of kin to this day. If he wanted to, he could exhume her, and have her cremated and have her taken away without our consent or knowledge.
‘[It’s the] same with her belongings – he’s requested to have everything she’s ever owned returned to his possession – things like school photos from her childhood. It’s shocking.’
Passfield is now incarcerated at Junee Correctional Centre, south-west of Sydney.
He is due to appear before Parramatta Local Court on January 21 on a range of charges, which include influencing witnesses, contravening an Apprehended Violence Order (AVO) and attempting to breach a prohibition or restriction in a personal AVO.
Daily Mail is not suggesting these charges are in relation to Ms Bailey or her family.
Ms Bailey has now launched a petition calling on the NSW Government to introduce legislation that would prevent perpetrators of intimate partner violence from automatically becoming the senior next of kin when their partner dies without a will.
She proposed the legislation be called ‘Caitlin’s Law’ in honour of her daughter.
‘Under the current law, [Caitlin’s] former partner retained next-of-kin rights, which meant our family faced delays and barriers during a time we should have been grieving together. The system offered us no protection,’ Ms Bailey said.
Caitlin’s family have gone on to become advocates for domestic violence reforms – pictured here at the Newcastle Domestic Violence Committee vigil in November
‘He’s the contact person for any police investigation or coronial process. I don’t even officially have access to a death certificate either,’ she added.
‘Caitlin’s Law would change this. It would allow police, the courts, or the Coroner to temporarily or permanently suspend next-of-kin rights in cases where domestic violence concerns exist and prioritise safe family members instead.’
The petition has already received over 28,000 signatures.
‘A few people have come forward and told me their stories about how they’ve been in a similar situation, and also from people in disbelief and shock that this is what the law is,’ Ms Bailey said.
‘Anyone could fall victim to it – [the law would] not just be for the purpose of getting a body back – how many times do you hear about family fights over wills?’
A spokesperson for the NSW Attorney General, Michael Daley, told Daily Mail he is continuing to look at how next of kin appointments are made.
‘This is a distressing situation for Caitlin’s family. A statutory review of the Coroners Act has made several recommendations about how next of kin are appointed, which the Attorney General is considering closely,’ they said.
‘This includes giving the Coroner more flexibility to appoint an alternative senior next of kin if the default next of kin is not appropriate.
‘There is no legislation giving a person’s senior next of kin or next of kin the right to organise someone’s funeral.’
Alex Passfield was in an on-and-off relationship with Caitlin for four years – pictured here being confronted by an A Current Affair reporter in 2023
Caitlin was described as a beautiful, creative and artistic young woman who doted on her boys
While she can’t bring her daughter back, Ms Bailey is committed to ensuring no one else suffers through what her family went through.
‘I was never a strong person, but I said to Caitlin when she was on life-support in the hospital, ‘You’re going to have to give me the strength to get through this and fight for you.’ And all of a sudden, after she passed away, I had this strength,’ she said.
‘I also look at it like she had all this strength to get through every day in that relationship and I pull my strength from that as well.’
Caitlin’s two little boys are now in Ms Bailey’s care after she was granted full custody of them.
She said the boys have now taken up fishing, kayaking and snorkelling – all the hobbies Caitlin used to love as a child.
‘They talk about her all the time, and when they miss her – particularly at night-time – they have these little candles and they take them outside and they call them “Mummy candles”,’ she said.
‘They light them so mummy can find where their home is from the sky and watch over them which is really beautiful.’
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800 RESPECT on 1800 737 732.
