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 Adelaide and throughout South Australia, for private clients, law firms, insurers and employers.
How we run child custody investigations in Adelaide
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 South Australia law means for this work
South Australia licenses investigators under the Security and Investigation Industry Act 1995, administered by Consumer and Business Services rather than by police. Section 6 creates an investigation agent’s licence, and it comes in two categories: restricted to inquiry work, or restricted to collection work. Only the inquiry work category covers investigation. Licences are renewed every twelve months, and licensing appeals go to the Administrative and Disciplinary Division of the District Court rather than to the state tribunal.
South Australia is the only jurisdiction with an express exception for licensed investigators. Section 5(4)(a)(iv) of the Surveillance Devices Act 2016 disapplies the optical surveillance prohibition where the device is used by the holder of an investigation agent’s licence authorising inquiry work, in the course of their functions, and where the use is reasonably necessary for the protection of a person’s lawful interests. Every element of that matters. It does not help an unlicensed operator, a collection only licence, or a client acting on curiosity.
Section 4 prohibits use of a listening device on a private conversation, but section 4(2)(b)(iv) contains the same licensed inquiry work exception as the optical provision, again conditioned on the use being reasonably necessary to protect a person’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 SA 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 SA 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 South Australia
Metropolitan Adelaide breaks into the CBD and inner ring through Adelaide, North Adelaide, Norwood, Unley and Prospect, the north through Salisbury, Playford, Elizabeth and Gawler, the north east through Tea Tree Gully, Campbelltown and Modbury, the eastern foothills through Burnside, Mitcham and Stirling, the west through Charles Sturt, West Torrens, Port Adelaide and Semaphore, and the south through Marion, Holdfast Bay, Onkaparinga, Noarlunga and Aldinga. Beyond the city we cover the Adelaide Hills, the Barossa, the Fleurieu and Kangaroo Island, the Limestone Coast, the Murray and Mallee, Yorke and Mid North, Eyre and Western, and the Far North.
Where the evidence ends up
- Magistrates Court of South Australia. Summary crime and smaller civil claims, with country registries at Berri, Mount Gambier, Murray Bridge, Port Augusta, Port Lincoln, Port Pirie and Whyalla.
- District Court of South Australia. Mid tier criminal and civil work, including the Administrative and Disciplinary Division.
- Supreme Court of South Australia. The highest state court, including the Court of Appeal.
- SACAT. Tenancy, guardianship, mental health and review of government decisions.
- South Australian Employment Tribunal. Workers compensation under the Return to Work Act 2014, the main forum for insurer commissioned evidence here.
- 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 SA 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 South Australia as well as Adelaide?
Yes. Adelaide 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 SA 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 South Australia coverage and our Adelaide page.