Child Access, Evidence for Court, Investigation by a Private Investigator
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We are a Sydney private investigator service, our role is the gathering of evidence, to support a case. Private investigation by a private investigator, is about gathering evidence, investigating.
A contested court case is about evidence. The truth, without supporting evidence, or supporting surrounding circumstances, is just an allegation.
A child access case hinges on evidence, what can be proven, not what is suspected, or believed. A court runs on evidence, on provable facts, it cannot give weight to unsubstantiated allegations.
To prepare for a court case you must look at what is alleged, what you believe, then look at where the evidence to support that belief can be found. There are restrictions on some evidence, in that it requires a court order to force its production, this is an area where the solicitor, or barrister, has control.
Other evidence may not been acceptable, because it was illegally obtained. What we do is legal. Early in a matter a private investigator can gather affidavits, in the correct format, to support a position.
We have had some great success's in this area, even helping to create case law on working woman's rights. Every family law case is different, but they do sometimes rhyme.
Later in the case we are usually limited to private investigator surveillance; this is not stalking, we are licensed to conduct surveillance, and gather evidence.
Surveillance is visual evidence. It is providing direct evidence to the court. It is gathered covertly, not disturbing the subject of the investigation, nor causing concern to the children, who are unaware.
The evidence obtained can be used for court purposes, because it is lawfully obtained. Where we are conducting an investigation it is best to keep it low key.
For a factual investigation (taking affidavits) it is probable that the other party will hear of our involvement, at some time, because this is an overt investigation. Early in the investigation a factual investigator is an excellent way to gather evidence.
People are funny, some seem to get a kick out of telling someone that they had been talking to a private investigator. This is why surveillance, where there is no contact, is usually done before any factual investigation, if both are required.
The exception to this is where a matter has already proceeded to a contested hearing. Early in the investigation affidavits may have been gathered. However things have changed, and now evidence of the deception of the court, or a threat, a risk to children is required, then surveillance becomes relevant.
Family Law investigations may also involve private investigator surveillance activities, at this time. These are aimed at establishing evidence of risk, of behaviours at odds with what is being told to the court.
Surveillance can show actual interactions, breaches of orders, that someone other than the subject is caring for kids. It can show that children are being exposed to drugs, violence, excluded persons, or other activities.
You have to look a the Family Law Court, the Circuit Court's, objectives, when it comes to children. They are not concerned about parental rights, they are concerned about the welfare of the child, or children.
Surveillance is a covert investigation, the intention is not to make the subject aware. The other side should not be aware of surveillance, until it is produced by the solicitor.
Once the subject becomes aware of surveillance they will become wary. Do not confirm surveillance, if questioned, except in court. Some people are sensitive, paranoid, and will accuse you, even if they are wrong.
At times we are tasked to record handovers, where one party attacks, or threatens the other. We conduct residential surveillance, during visits. We observe where someone is meant to be supervised, to ensure the supervision happens.
We record evidence of risk to the child, the children, of breaches of orders. Surveillance is an imperfect science, so it will never get everything. This is why allowing sufficient time for surveillance is important.
Where there is conflict, emotion, we would always recommend that each party has someone attend handover with them. The handover should be in a public place. If something happens get the names, contact details, of a witness, someone you don't know, that is there, who can attest to what they did, or did not, see.
Do not take someone who is going to let emotion cloud their judgement. Someone who is going to interject, to make loud statements. That will go against you. Always assume you are being recorded.
We can never guarantee to capture everything, which is why allowing sufficient time, over days, for surveillance, is important. We have to learn the subject's behaviours.
The investigator can make notes of what they heard, but cannot provide recordings, as they are not a party to the conversation; there may be other legal impediments to recording. You can record conversation for your own protection, however this may be ruled inadmissable, by the court.
The observations of the investigator, with supporting footage, or stills, gives weight to the evidence, especially where the solicitor has let the other side commit to a position, and then you expose the lie, with evidence. The truth needs cooberating evidence, in court.
The court give weight to evidence, to testimony, based on supporting, and co-supporting evidence. Where you have multiple pieces of information, that tend to show the same thing, this is called the weight of evidence.
For clients a child custody investigation, a child access investigation, is about emotion, abut the welfare of the child. For the court, the solicitor, the private investigator, it is about evidence, and what can be proved. This must be the focus. Just saying a child is in danger is insufficient, without evidence; we are a way to gather that evidence.
For some we are the way to ensure the child is safe, when in the care of another, discreetly observing. We are here to support the court case, to gather evidence. We can be employed directly by the relative, or through the solicitor. Our clients include parents, grand parents, and other relatives.
For the Federal Circuit and Family Court of Australia safety, risk to children, is the paramount concern. This is what any investigation must address. All evidence must directly relate to risks to children, threats to children, evidence of breaches of orders, and deception of the Court.
In some cases there are advantages to the private investigator being hired by someone other than the parent, in a case. This permits the parent to truthfully say they have not hired a private investigator, if an allegation is raised. This gives distance between them, and the investigator.
This is especially true if the parent, or guardian, is suffering under the emotional stress of the case. It also prevents outburst, or threats, during heated exchanges. Every case is different, although some themes rhyme, we are hear to listen, and to assist.
Many people have never hired a private investigator before; this is fine. For many this is their first court case. The standard of private investigator, and solicitor, is variable. Our investigators are generally experienced, older, operators.
We do this for a living. We do not recommend solicitors to people, because they seem to be less consistent than our private investigators.
On some cases we have seen people being investigated chop, and change, solicitors multiple times, because they are dissatisfied with the service; if you find one you like, that will fight for you, stay with them.
You don't see that chopping, and changing, with private investigators, fortunately. We are here to provide a professional investigation service.
Using a private investigator can be expensive. Give yourself the greatest chance of success. Do not discuss the engagement of the investigator with others. Do not chat about it over coffee. Be discrete. Use the evidence wisely.
Once the other party becomes aware that you have had them investigated they will be wary. Get as much relevant evidence as you can, before acting, or revealing the evidence. When you require a Sydney private investigator to investigate your child access issue, access to children, family law issues, to assist you to prepare for court, call us.