Child custody cases are often fraught with emotion, with accusations flying back and forth, and matters getting increasingly more contentious over time. And this is not entirely surprising; children are your lifeblood and are inherently more complex to divide between two people compared to a property or various material possessions.
Optimally, parents eventually work out an arrangement that’s acceptable to everyone. But when they can’t, parents in Ontario go through an Alternative Dispute Resolution (ADR) process, where a mediator, arbitrator, or collaborative family lawyer is charged with finding an equitable solution. If all of these avenues fail, the final stop is in family court, where a judge makes a decision that’s binding on both parents.
There are multiple ways that a Private Investigator can be an invaluable resource in helping parents to navigate the process of fighting for physical and legal custody, particularly in instances in which one of the separating spouses may pose a threat to the safety or wellbeing of the children.
What Do I Need to Prove That My Child’s Other Parent is Unfit?
Courts are required to make decisions about child custody based only on what’s in the best interests of the child, so to prove that the other parent is unfit, you need to show that your child’s physical, emotional, or psychological safety are at risk while they’re in that person’s care. That could apply to a broad range of situations, with a few obvious ones being:
- Substance abuse issues
- Unsafe or unsanitary living conditions
- Leaving the child unattended at home or in a vehicle
- Exposing the child to people who are unsafe for them
- Engaging in dangerous criminal activity
- Failing to provide proper food or shelter
- Driving while intoxicated with the child in the vehicle
There may also be less obvious, more pernicious problems that are nevertheless extremely harmful, such as emotional or financial abuse, parental alienation, or introducing the child to activities that are not age-appropriate.
Regardless of the behavior or the type of harm it might cause to your child, any claims you make against the other parent have to be backed up by solid, verifiable evidence when you go in front of a court. Remember that presenting questionable evidence obtained through illegitimate means may hurt your case and jeopardize your chances of a favourable outcome.
What Does a Private Investigator Look For In a Child Custody Investigation, and How Do They Look For It?
The primary goal of a Private Investigator, while supporting you though the child custody process, is to uncover high-quality evidence to strengthen your case. They will obtain detailed information about the child’s living conditions, check to see that the child is being taken to school and appointments on time, investigate the background of the people the other parent associates with, look into the other parent’s work situation to see if they’re working long hours or travelling excessively for work, and check into the places they go and what they do when they’re there.
A Private Investigator might use any one of a number of investigative techniques, including:
- Covert surveillance (either fixed or mobile) with professional-quality camera, video, and audio equipment. This surveillance is conducted when the person is out in public, which ensures that the evidence will be admissible in court.
- GPS tracking to see where the person goes and how long they stay there.
- Social media monitoring, which can reveal questionable activity, show who the person interacts with, or tip an investigator off to where the person is going.
- Public records searches to reveal any hidden assets or questionable transactions.
- Identifying and securing witnesses who can testify in court about the other parent’s character, habits, movements, or confidants.
Note that Private Investigators are highly skilled in uncovering evidence that supports the truth; to this end, if you have been falsely accused of endangering your children, a Private Investigator can help gather the necessary evidence to disprove this accusation, and help you regain access to your children and control of your life.
Do I Really Need to Hire a Private Investigator or Can I Collect This Evidence Myself?
You can certainly do a lot of this yourself, but consider the advantages of a working with a Private Investigator:
- They know what types of evidence are convincing to a court.
- They have the skill, experience, and state of the art equipment to collect the best evidence possible.
- They can help you organize evidence you already have on hand, such as financial records and email interactions.
- They can conduct surveillance without being recognized.
- They can collect evidence at critical times when you may not be available.
- They know how to collect evidence in a legal manner. This is vital, because evidence that is illegally obtained can actually damage your credibility and your case.
- They can serve as a witness in court, backing up any claims you make about the other parent’s behavior or the conditions in their home.
A Private Investigator can not only provide you with the evidence you need for your case, but can serve as a sounding board and a steadying hand as you navigate the turbulent waters of your child custody case.
The Expert Team at Star Quality Private Investigations® Toronto has decades of experience in Child Custody & Family Law Investigations, and have successfully supported numerous clients through their separations, ensuring that the best interests of the children involved are fiercely protected. As our client, you’ll also benefit from our close partnerships with some of the country’s top Family Law Attorneys, providing you with access to their expertise and knowledge anytime you need them during your case.
Contact us today to learn how we can help you regain the clarity you need, want, and deserve.