Custody matters are the hardest work we do, and the ones where the temptation to overreach is strongest. A parent who is genuinely worried about a child will consider things they would never otherwise consider. Part of our job is to be the person in the room who says which of those things would destroy their case.
We provide child custody investigations in Perth and throughout Western Australia, for private clients, law firms, insurers and employers.
How we run child custody investigations in Perth
We establish what is actually observable and relevant to a child’s welfare, which is a narrower category than most parents expect. Supervision arrangements, who is present during care time, the condition of a home, whether stated arrangements match actual ones. We work lawfully and from public vantage points, and we do not gather material about a former partner that has nothing to do with the child, because a court will notice and it will count against the parent who commissioned it.
What Western Australia law means for this work
Western Australia requires two licences under the Security and Related Activities (Control) Act 1996, administered by WA Police Licensing Services. The business needs an inquiry agent’s licence under section 29 and the individual operative needs an investigator’s licence under section 30. Section 61 requires a licensed operator to carry an identity card and produce it on request to the person receiving the service, so you are entitled to ask on the spot.
Optical surveillance is governed by section 6 of the Surveillance Devices Act 1998, and it bites on recording or observing a private activity you are not a party to. Section 3 defines a private activity as one carried on in circumstances reasonably indicating a party wants it observed only by themselves. Activity in a public place that is not a private activity falls outside the prohibition, which is the practical foundation for surveillance work here.
Section 5 prohibits using a listening device to record or monitor a private conversation you are not a party to, with exceptions for consent of all principal parties and for one party consent where the recording is reasonably necessary to protect that party’s lawful interests.
None of that is a formality. The rules differ genuinely between Australian jurisdictions, and evidence gathered outside them is frequently inadmissible and can expose the person who gathered it. Working inside the WA framework is what makes the result usable.
The federal statutory tort of serious invasion of privacy, which commenced on 10 June 2025 under Schedule 2 of the Privacy Act 1988, applies on top of WA law and contains no exemption for private investigators.
This is general information about how we operate, not legal advice. For advice on your circumstances, speak with your lawyer.
What you receive
You receive a factual record suitable for a family lawyer to work with. Family law is federal, so the proceeding runs under the Family Law Act 1975 in the Federal Circuit and Family Court of Australia, but the conduct being investigated is governed by the surveillance law of the state or territory it happens in. Both have to be right.
Where we work in Western Australia
The Perth metropolitan region covers thirty local government areas. Operationally that is the central corridor through Perth, Vincent, Subiaco and South Perth, the western suburbs through Nedlands, Claremont and Cottesloe, the coastal north through Stirling, Joondalup and Wanneroo, the eastern hills through Bayswater, Swan, Kalamunda and Mundaring, the south east through Canning, Gosnells and Armadale, and the south west through Melville, Fremantle, Cockburn, Kwinana and Rockingham, with Mandurah in the Peel region alongside. Beyond Perth we work the South West, Great Southern, Wheatbelt, Mid West, Goldfields and Esperance, Pilbara, Kimberley and Gascoyne regions.
Where the evidence ends up
- Magistrates Court of Western Australia. Summary crime and civil claims to $75,000, with minor cases to $10,000.
- District Court of Western Australia. Indictable crime, civil claims to $750,000, and unlimited jurisdiction for personal injury damages.
- Supreme Court of Western Australia. The General Division and the Court of Appeal.
- State Administrative Tribunal. Administrative review, including security and inquiry agent licensing decisions.
- WorkCover WA. Conciliation and Arbitration Services under the Workers Compensation and Injury Management Act 2023, which commenced on 1 July 2024.
- Federal Circuit and Family Court of Australia. Family law is federal, so a family matter runs under Commonwealth law even though the conduct investigated is governed by WA rules.
Frequently asked questions
Will evidence like this help my case?
Sometimes substantially, sometimes not at all. Courts in family matters are concerned with the child, not with proving a former partner is a bad person. Evidence that goes to a child’s welfare and safety carries weight. Evidence gathered to settle a score tends to reflect badly on the parent who gathered it.
Can I record my child’s other parent?
This is jurisdiction specific and it is the question we are asked most often. The rules on recording a conversation you are party to differ across Australia, and the rules on then using that recording differ again. Ask before you record, not after.
Do you cover regional Western Australia as well as Perth?
Yes. Perth work can generally be mobilised faster and at lower cost. Regional work carries travel time and expense, and we will tell you honestly whether the likely result justifies it before you commit.
Talk to us about a WA matter
Every enquiry starts with a confidential conversation about what you actually need, and sometimes that conversation ends with us saying an investigation is not warranted. Call 1300 792 283 or get in touch for a free consultation and a written quote before any work begins.
See also Child Custody Investigations in Melbourne, our Western Australia coverage and our Perth page.