Townsville Child Custody Dispute Investigation
Townsville private investigator to assist with a child custody dispute, to gather evidence of a breach, to prepare for, or defend, an application for custody of children, or access. A child custody action in the Family Law court, the Federal Magistrates court, now the Federal Circuit Court, can relate to a divorce, a separation, or a settlement. It can see the most amicable separation turn into a battle, with allegations and counter allegations. In a court, without supporting evidence, any statement, no matter how true, is an allegation. You suspect, we investigate, free quotes.
A child custody action, or child access application, is about the rights of the children, and emotions. The court has to have regard for the best interest of the child, to try and avoid exposing them to physical or mental harm, or exposure to violence, including domestic violence. It is not about the rights of parents, or grandparents. If the court believes that the interest, and well being, of the child is best served by an arrangement, or a variation of that arrangement, that is how the court decides. Having said that, there are 'rules' that influence how the court perceives actions. This includes a person taking the children and moving away without court approval, exposure of the child to a risk or threat, breaching orders of the court, threatening behaviour, lying to the court, or similar actions, these may not be looked on favourably by the court.
This is where the Townsville private investigator comes in. We are licensed, in Queensland, to investigate, to gather private information, evidence, and conduct surveillance. We are a 'disinterested' party to a court action, we are not emotionally involved. We are there to gather evidence to support or disprove an allegation, not manufacture it. This is done through either private investigator surveillance or factual investigations. We are used to provide evidence that the child is safe, or otherwise, in the care of a particular adult. Whether or not a child is actually being cared for by the nominated parent or designated person, to establish other risks such as exposure to alcohol and drug abuse or domestic violence. We are used to gather evidence of a breach, or to locate children when they have been spirited away by a parent. We are there to search for proof, evidence, for a family law matter, to turn an allegation into a fact, or to reassure a parent that the child is safe.
We would recommend that any parent who is going through a child custody dispute start a diary, and keep good notes of all contact with the children, and the other parent, including telephone calls. We would recommend that any handover or contact is recorded (audio), not for court purposes, but simply as protection against a future allegation that something was said, or occurred, so you may defend yourself. People tend to start out with all good intention of doing this, but then fail to continue, and find themselves at the centre of an allegation of domestic violence, abuse, or an assault allegation. Some people are very good at maneuvering and using the system to their advantage. If there is an allegation of domestic violence that didn't occur, fight it if you can, because simply accepting it to try and placate the other party will do you harm, in any subsequent Family Law action.
By the time you have come to decisions about access to, or custody of, children the relationship has already broken down. Up until this time contact may have been civil, however, the stress of new relationships, child support payments, disputes about living arrangements, blended families, different expectations, and exposure to new friends that the other party may deem unsuitable, as well as property settlements, add to the stress. Sometimes old habits, or new issues arise, such as drug use, alcohol abuse, gambling, fraud. Some child custody disputes are simply a reflection of other issues, or a continuation of a power play. This is the basis of an investigation; we investigate to gather evidence to prove or disprove a claim, or concern.
In a child custody case just being a 'good' parent isn't enough, just being honest isn't enough, you have to substantiate everything, and support your claim to being a 'good' parent, the primary carer, a good provider, in a stable relationship, that what you are claiming is true, or that what someone else is claiming is not. These court cases create frustration, and friction, because multiple parties see the 'best' outcome as different, see the 'rights' as being different, see the needs of children differently, and many can justify whatever position they take, at least to themselves. You need to justify it to a court, this requires investigation and evidence gathering.
Avoid taking any illegal action, no matter how good it may make you feel at the time. Avoid 'padding' your claim, stick to the facts. You are dealing with matters which must be decided by a court. Your actions reflect on your credibility, that is the weight that is given to your evidence, as well as your suitability as a parent, to have care of, or access to, children.
When making an application for custody, or fighting a child custody application or access, or alleging a breach of conditions, especially where this places a child at risk, remember to always be prepared to substantiate any allegation, to add weight to the argument, because the Magistrate has to weight the evidence, when deciding an action, they cannot just take your word for it. When you need to prepare, to gather the evidence, the proof, to support your court case, you need a Townsville private investigator, call us for a free quote.