Further Thoughts on the Desramault Case
| DOI | 10.1177/002201837303700310 |
| Published date | 01 July 1973 |
| Date | 01 July 1973 |
| Subject Matter | Article |
THE
JOURNAL
OF
CRIMINAL
LAW
223
It
is appropriate to use requirements 2, 3
or
4, or a combina-
tion of
them
when it is desired
that
the Juvenile participate in a
recreational, educational, cultural or social activity either while
at
home or while away on a holiday scheme.
When
the schemes
are
operative they will provide avaluable
experiment worthy of support
and
it is hoped
that
they
will
be
successful.
They
are especially designed for the deprived, bored or
over-active child.
The
schemes are yet another example of the
trend away from custodial treatment
in
favour of rehabilitation
in the Community.
The
kinds of activity envisaged include a wide range of
handicraft,
dramatic
and
artistic occupations, reclamation
and
social work.
The
holiday schemes would include climbing, sailing,
hiking
and
pony trekking.
Further thoughts on the
Desramault
Case
NOW
that
the Desramault baby has been officially
handed
over
to
her
mother
by the
matron
of the Swiss children's home
at
Lausanne
and
the
pair
are
back on Tyneside, the Gateshead bench
may
have to consider their
court
record. By private International
law, especially since
the
Zeiss case
(1967),
the decision of a foreign
court, covering the same
ground
and
properly made known to an
English
Court,
can
create an estoppel even where the point decided
is a procedural one.
The
Desramault divorce case is pending in
France, so
that
the
award
of the little girl to
her
mother
must
in
a sense be procedural.
The
discretion in family matters is wide
but
scarcely crosses frontiers: it would seem
that
although the
father
is challenging the Swiss jurisdiction by way of appeal, the Swiss
are
really taking
due
notice of a French decision;
just
as
at
Gateshead the
matter
may
benoted to be subjudice elsewhere.
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