BERRIEN COUNTY, Mich. -- UPDATE: On Friday, Nov. 15, a Cook County judge lifted the temporary restraining order on Tracey's remains so the parents can now retrieve the remains from the Cook County Medical Examiner's Office.

Statement from the Tracey Family’s attorney, Andrew Cunniff, Galarnyk and Associates:

“Today’s hearing marked a significant step for Caitlin’s family, and we are grateful to the courts for their sound and swift rulings, both in Michigan and Chicago. We are also grateful to the family’s Michigan attorney, Mitt Drew, for his hard work and dedication. Finally, the Tracey family can close this chapter and focus on mourning Caitlin’s loss and celebrating her remarkable life.

Caitlin was an incredible young woman who was taken far too soon. We hope that her story may shine a light on the often-hidden tragedy of domestic abuse.

The Tracey family would like to thank the public for the outpouring of support and assistance during this extremely difficult time. Now, we ask that their request for privacy be honored as they navigate this heartbreaking loss."

ORIGINAL STORY: A Berrien County family is celebrating the return of their daughter's remains after she was found dead in a Chicago stairwell last month. 

Court documents state a Michigan judge in Berrien County has ruled in favor of the parents of 36-year-old Caitlin Tracey, who was found dead at the bottom of an apartment building's stairwell in the South Loop in Chicago on Oct. 27.

Judge Brian Berger ruled that Tracey’s remains should be released to her parents, Andrew and Monica Tracey, and not Chicago tax attorney Adam Beckerink, her husband of six months.

The judge's order gives Tracey's parents full authority to handle their daughter’s funeral arrangements and to retrieve her remains from the Cook County Medical Examiner.

Court documents state Beckerink appeared in court via Zoom opposing the parents' petition.

The documents state as Tracey’s surviving spouse, Beckerink was presumed to have the legal right to control her remains, but Tracey’s parents went to court last week in Michigan and Cook County seeking to block Beckerink from retrieving Tracey's remains.

They cited the documented history of abuse that includes two pending criminal cases in Michigan against Beckerink for domestic abuse against Tracey and the current circumstances around her death.

Tracey's parents further stated they should be given her remains so they can have a Catholic funeral mass and burial for her. 

Documents state since Tracey was a resident of Michigan, and died in Beckerink's Cook County apartment, the parents needed to file petitions in both states.

On Nov. 7, a Cook County judge granted a temporary restraining order preventing the Cook County Medical Examiner from releasing Tracey’s remains to Beckerink for 10 days while waiting for the Berrien County judge to rule.

Michigan had jurisdiction since that’s where Tracy officially lived.

According to their Cook County filing, Tracey's parents claim that Beckerink refused to give their daughter’s remains to them and instead expressed his plans to keep “personal possession of her ashes."

In their petition in Berrien County, the parents allege that Tracey’s body was found “directly below” Beckerink’s South Loop condominium after he contacted Chicago police the day prior to make a missing person report.

The filing states Tracey was staying with Beckerink that weekend.

The police report states Tracey was found dead in the building's stairwell around 7:20 p.m., Oct. 27.

Police say a resident of the building had found a severed foot near the railing in the east stairwell and reported it to the building manager.

The report states that while police searched the area, the building manager spotted Tracey's body at the bottom of the stairwell.

The Chicago Police Department is continuing the investigation as the cause and manner of her death are still undetermined.

Statement from family’s Michigan attorney Mitt Drew, Butzel Long:

“We are incredibly grateful for Judge Berger’s expedited decision. The ruling allows Caitlin's family not only to honor her life with the final services she deserves, but also to grieve appropriately, supporting them in their journey through this difficult time."

Statement from Family’s Chicago attorney, Andrew Cunniff, Galarnyk and Associates:

“Today’s ruling in Michigan is a critical step in the family’s efforts to protect and preserve Caitlin’s legacy. The family will continue to fight for Caitlin until she is laid to rest with the respect and dignity she deserves.”