In short:
- In private investigators’ child custody matters, a licensed investigator documents verifiable facts — covert field surveillance of care and supervision arrangements, skip tracing to locate a parent who has relocated with a child, background checks on a new partner or other adult in the household, and open-source intelligence — compiled into dated, structured reports a solicitor can rely on, measured against the paramount consideration under the Family Law Act 1975: the best interests of the child.
- Lawful surveillance in Australia does not generally require the subject’s consent, but it is tightly constrained by each state and territory’s Surveillance Devices Act and by the Privacy Act 1988. A licensed investigator will decline to record a private conversation they are not party to, enter private property, fit a tracking device without lawful basis, or access another person’s phone records, bank accounts or medical files.
- Background investigation costs in Australia range from approximately $450 for basic checks to over $3,500 for comprehensive investigations. Scope, lawful method and reporting format should be agreed in writing before any fieldwork begins.
Parenting disputes are rarely short of allegation. What they are usually short of is independently documented fact. A worried parent can describe what they believe is happening in the other household; a court needs material that can be tested, dated, and explained. That gap is precisely where a licensed private investigation service earns its place in a family law brief.
Why Evidence Matters More Than Suspicion in Parenting Disputes
Under the Family Law Act 1975, the best interests of the child are the paramount consideration when a court makes parenting orders. Everything placed before the court is weighed against that standard — not against a parent’s frustration, and not against secondhand accounts.
Informally gathered material tends to be fragile. Screenshots without context, recollections of what a third party said, and undated photographs are easily challenged on relevance, accuracy, and provenance.
By contrast, observations recorded by an independent licensed investigator carry dates, times, locations, continuous field notes and a person who can explain how each item was obtained. The distinction is not cosmetic; it determines whether material assists a case or undermines it.
The Find Group is a nationally licensed private investigation agency, based in Melbourne and servicing clients across Australia, led by a former Police Detective with more than 20 years of investigative experience. This article is written for family lawyers briefing an investigator, and for private individuals already in parenting proceedings.
What a Licensed Private Investigator Can Lawfully Do in a Custody Matter
Covert field surveillance
Discreet observation in public places can document who collects and supervises a child, the condition and duration of handovers, who else is present, and whether conduct is consistent with sworn statements. Observations are recorded contemporaneously with times, dates, and continuous notes.
Skip tracing
Where a parent has relocated with a child, or cannot be served with court documents, skip tracing uses verified database access, historical address and employment records, and lawful enquiries to establish a current location. This is often the first step before any other work is feasible.
Background checks
Verifying the identity, history and disclosed circumstances of a new partner or another adult living in the household is a legitimate welfare enquiry. Across the Australian market, background investigations range from around $450 for basic checks to more than $3,500 for comprehensive work, depending on depth and the number of jurisdictions searched.
Open-source intelligence (OSINT)
OSINT is simply the systematic review of information anyone may lawfully access — public social media, public registers, business and property records. Its value lies in disciplined collection and documentation, not in secrecy.
Reporting That a Solicitor Can Actually Use
Findings are compiled into structured written reports: chronology, methodology, dated observations, and supporting imagery where lawfully obtained. Inference is separated from observation, and gaps are stated rather than filled.
An investigator may be required to give evidence about how material was obtained. Reports are prepared with that possibility in mind from the first hour of the engagement.
The Legal Limits: What Surveillance Cannot Do in Australia
Lawful surveillance does not generally require the subject’s knowledge or consent. It is restricted instead by the surveillance devices legislation of each state and territory, alongside the Commonwealth Surveillance Devices Act 2004 — nine separate legislative regimes governing listening devices, optical surveillance devices, tracking devices and data surveillance. Requirements differ meaningfully between jurisdictions, which matters when a matter crosses state borders.
A licensed investigator will decline to:
- Record a private conversation they are not a party to.
- Install a tracking device on a vehicle without a lawful basis.
- Enter private property, or film into a private residence.
- Access another person’s phone, email, messaging or bank accounts.
- Intercept communications or obtain telecommunications data.
Unlawfully obtained material can damage the client’s position in proceedings, not merely the investigator’s licence. That is the practical reason evidentiary discipline is treated as non-negotiable.
The Privacy Act 1988 and Handling of Personal Information
The Privacy Act 1988, administered by the Office of the Australian Information Commissioner, governs how personal information is collected, stored, used and disclosed. It is built around 13 Australian Privacy Principles.
In plain terms: information gathered for a parenting matter is collected for that purpose, held securely, and disclosed only to the client and their legal representatives. Files are not repurposed, and enquiries are limited to what the brief lawfully requires.
Common Misconceptions About Private Investigators and Child Custody
- “An investigator can pull phone records, bank statements or medical files.” They cannot. These are protected and require lawful process, usually a subpoena issued through the court on a solicitor’s application.
- “Any recording will be accepted by the court.” Admissibility depends on how material was obtained and whether it is relevant to the child’s best interests. Improperly obtained material can be excluded.
- “Surveillance means following someone constantly.” In practice, engagements are scoped to specific days, times and questions — which is also what keeps cost proportionate.
- “An investigator can determine the custody outcome.” They cannot. Investigators document facts and methodology; determinations are made by the court.
- “Hiring an investigator is inherently adversarial.” Where genuine welfare concerns exist, independent verification can disprove an unfounded allegation as readily as it substantiates one.
How Private Investigators Child Custody Engagements Are Scoped and Conducted
- Confidential intake and briefing — the concern is set out in full, in confidence.
- Clarifying the legal question — what does the solicitor actually need answered?
- Lawful feasibility assessment — what can be obtained within the applicable legislation, and what cannot.
- Agreed scope, method and fee — hours, locations, deliverables and reporting format confirmed before work starts.
- Record, database and OSINT checks — desktop verification precedes field work wherever possible.
- Discreet field surveillance — conducted in public places, with continuous notes.
- Corroboration and continuity — each observation cross-checked; the chain of documentation maintained.
- Written report — delivered to the client or their solicitor.
That sequence reflects police investigative practice. As set out on the firm’s about page, The Find Group is led by a former Police Detective with over 20 years of investigative experience, and briefs are structured the way an evidence brief is structured: observation distinguished from inference, assumption avoided, continuity recorded.
Discretion is central. The child’s welfare comes first, and operations are conducted so as not to disturb, approach or involve the child in any way.
Cost, Scope and Realistic Expectations
Cost is driven by scope, not by the seriousness of the concern. A single targeted handover observation is a different engagement from a multi-day surveillance programme across two states.
No responsible investigator offers assurances about outcomes. What can be offered is lawful method, transparent scope, documented findings, and a willingness to explain the methodology if called upon.
Australia-Wide Coverage for Family Law Matters
The Find Group is a licensed private investigation firm based in Melbourne, servicing clients across Australia — including Sydney, Brisbane, Perth and Adelaide, and regional areas — with licensing held nationally and work conducted in compliance with Australian legislation.
Engaging The Find Group for a Family Law Matter
In parenting proceedings, the value of an investigator is measured by what survives scrutiny. Lawful method, clear scope, dated documentation and defensible reporting are what make findings useful to a court.
Family lawyers and private individuals are invited to discuss scope, feasibility and cost before committing to any work. To request a quote or arrange a confidential consultation, contact The Find Group and outline the question you need answered.