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 Brisbane and throughout Queensland, for private clients, law firms, insurers and employers.
How we run child custody investigations in Brisbane
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 Queensland law means for this work
Queensland licenses investigators under the Security Providers Act 1993, administered by the Office of Fair Trading. Private investigator is one of the security provider classes in section 4, and section 9 makes it an offence to act as or even advertise as a security provider without a licence. A separate security firm licence is required to run an investigation business.
Queensland is the only Australian jurisdiction with no surveillance devices act. Optical and video surveillance is not covered by any dedicated statute here. The limits come instead from the Criminal Code, in particular section 227A on observations and recordings in breach of privacy and section 227B on distribution, along with trespass and stalking offences. That absence is not permission, and any operator who treats it that way will hand you evidence a court can still refuse.
Listening devices are covered by Part 4 of the Invasion of Privacy Act 1971. Section 43 prohibits using a listening device to overhear, record or monitor a private conversation, with a maximum of 40 penalty units or two years imprisonment. Queensland does permit a party to a conversation to record it, which is a real difference from several other states.
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 QLD 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 QLD 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 Queensland
Brisbane divides into the inner city around Fortitude Valley, New Farm, South Brisbane and West End, the north through Chermside and Aspley, the south through Mount Gravatt and Sunnybank, the east through Bulimba, Morningside and Wynnum, and the west through Toowong, Indooroopilly and St Lucia, with Ipswich, Logan, Moreton Bay and Redlands around it. Beyond the South East we cover the Gold Coast, the Sunshine Coast, Toowoomba and the Darling Downs, Wide Bay, Central Queensland, Mackay and the Whitsundays, Townsville, and Cairns and the far north.
Where the evidence ends up
- Magistrates Courts of Queensland. Summary crime, committals, domestic violence protection orders and smaller civil claims.
- District Court of Queensland. Mid tier indictable crime and civil claims, with the civil limit currently $750,000.
- Supreme Court of Queensland. Unlimited civil jurisdiction and the most serious crime, with the Court of Appeal above it.
- QCAT. Minor civil and debt disputes to $25,000, tenancy, building disputes, guardianship and review of Office of Fair Trading decisions.
- 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 QLD 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 Queensland as well as Brisbane?
Yes. Brisbane 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 QLD 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 Queensland coverage and our Brisbane page.