Why Family Lawyers Hire Private Investigators

Why Family Lawyers Hire Private Investigators

Family lawyers often engage private investigators (PIs) to gather objective, admissible evidence in cases where parties may not disclose full information. In Australia (and globally), family law matters like divorce, property settlements, child custody, and spousal support frequently involve disputes requiring independent verification. PIs provide discreet, professional fact-finding that lawyers cannot efficiently perform themselves, ensuring evidence complies with laws (e.g., privacy and surveillance regulations under state licensing like NSW's Security Industry Act).

Here are the most common reasons, based on practices in Australia and similar jurisdictions:

• 1. Uncovering Hidden Assets in Divorce or Property Settlements One spouse may conceal income, property, bank accounts, or investments to minimize division. PIs trace financial records, offshore assets, or undeclared businesses, helping ensure fair equitable distribution under the Family Law Act.
• 2. Investigating Infidelity or Adultery While no-fault divorce exists in Australia, evidence of affairs can influence property splits or credibility. PIs conduct surveillance to document cohabitation (e.g., proving a new relationship to terminate spousal maintenance).
• 3. Child Custody and Parenting Disputes Courts prioritize the child's best interests. PIs gather evidence of unfit parenting, such as substance abuse, neglect, domestic violence, excessive drinking, drug use, or unsafe environments (e.g., frequenting bars during care time). Surveillance can show violations of court orders.
• 4. Proving Cohabitation for Spousal Support Termination If an ex-spouse receives maintenance but lives in a de facto relationship, PIs provide video/photographic proof, database checks, or witness statements to end payments.
• 5. Locating Missing Persons or Absconding Parents In cases of child abduction, owed support, or evading service, PIs track individuals using databases and enquiries.
• 6. Serving Legal Documents When a party is hard to locate or avoids service (e.g., subpoenas or divorce papers), licensed PIs ensure proper, court-admissible delivery.
• 7. Background Checks and Lifestyle Investigations PIs verify claims about employment, income, criminal history, or character, especially if one party disputes the other's fitness as a parent or financial disclosures.
• 8. Gathering Evidence for Violations of Orders Post-separation, PIs document breaches like denying visitation or exposing children to risks.

PIs must operate legally—evidence obtained ethically is court-admissible, strengthening cases significantly. Family lawyers recommend PIs for complex, high-conflict matters to remain objective and focused on legal strategy.