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Custody fights are stressful, but when you find yourself lying awake at night, trying to figure out what’s really happening while your children stay with their other parent, it’s even worse. Perhaps you’ve gotten information from someone else. Maybe your child dropped an off-the-cuff comment about what went down during the weekend he or she spent with his or her other parent.
Has it ever crossed your mind to ask whether hiring a private investigator might help?
What can they actually do?
In family law in Australia, it is “no fault,” meaning that the court is not concerned with who did what and whose fault the separation was. Their concern lies elsewhere: is the child safe? Does each parent have the ability to provide a stable environment for them?
Here comes the role of the investigator. Subtly, and within legal limits, they will be able to get information about:
- the presence of alcohol or drug use in the presence of children,
- if the house in question is truly safe for a child,
- if the presence of a new partner is a reason for alarm,
- whether the terms of the custody arrangement are being adhered to,
- any other daily routines and behaviors that may become important.
It is not about seeking for trouble, but making sure that you have something solid in your hands.
Why proof matters more than you’d think
Courts are not guided by hunches or guesses. Should you come in there and tell them that your ex is unreliable or that the children are not being taken care of, but not have any sort of evidence backing you up, it’s just a situation where your word is against theirs, which won’t get very far.
A professional investigator will be able to provide photographs, videos, and detailed reports of their findings with dates and timelines included. This is a totally new ball game in comparison to just providing an opinion.
But it has to be done the right way.
This is where the mistake happens. It is not enough to pay somebody to stalk your former partner and then expect the judge to take notice. There are legitimate legal considerations with regard to the right to privacy and security in Australia, and investigators are bound by those considerations. No stalking or eavesdropping on private property, no tapping phones, and no hacking into emails. Break the rules, and the evidence becomes inadmissible and could even end up damaging your case.
This is exactly why it makes sense to choose an investigator who is professional and qualified.
When does it actually make sense?
However, if you have legitimate concerns regarding the well-being of your child, and your solicitor insists that he/she needs more evidence beyond your story, then this is probably the time when a private investigation is needed. This process is not about winning from your ex; it is all about ensuring that your children are safe.
Conclusion
Of course, all these circumstances are quite stressful and seldom fair to any party involved. A private investigator will not help you restore relations with your ex, but at least he/she will provide you and your lawyer with concrete information that could be used instead of speculations. SpouseBusters has a lot of experience in conducting such investigations and knows very well how delicate this process should be.
In case you still have doubts, it may be wise to speak with a licensed investigator confidentially.
Written by Rob Jones, Senior Investigator at Spouse Busters. Rob has worked on infidelity, surveillance and locate cases across Australia, and the Spouse Busters team has been helping people find the truth since 2005. Licensed under GORA Investigations Pty Ltd, NSW Master Licence 412080174.
