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 Sydney and throughout New South Wales, for private clients, law firms, insurers and employers.
How we run child custody investigations in Sydney
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 New South Wales law means for this work
Investigation work in New South Wales requires a Class 2E licence under the Security Industry Act 1997, administered by NSW Police through the Security Licensing and Enforcement Directorate. The old Commercial Agents and Private Inquiry Agents Act 2004 was repealed on 1 July 2022, so a licence issued under that Act is no longer the relevant authority. Ask any operator what they hold and when it was issued.
Optical surveillance in New South Wales is governed by section 8 of the Surveillance Devices Act 2007. The offence is not filming as such. It turns on whether the recording involved entry onto premises or a vehicle without consent, or interference with a vehicle or object without consent. Observation from a public vantage point, without trespass or interference, does not engage section 8, and that is the basis on which lawful surveillance is conducted here.
Section 7 prohibits recording or monitoring a private conversation you are not a party to. There are exceptions where all principal parties consent, or where one principal party consents and 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 NSW 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 NSW 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 New South Wales
Sydney divides operationally into the CBD and inner south, the inner west, the eastern suburbs, the lower and upper north shore, the northern beaches, the Hills district, Parramatta and the greater west through Blacktown and Penrith, the south west through Liverpool and Macarthur, and the south through St George and the Sutherland Shire. Beyond the metropolitan area we work Newcastle and the Hunter, Wollongong and the Illawarra, the Central Coast, the mid north coast, the northern rivers, New England, the central west and the Riverina.
Where the evidence ends up
- Local Court of New South Wales. Summary crime, apprehended violence orders and civil claims to $100,000.
- District Court of New South Wales. Indictable crime other than murder and treason, civil claims to $1.25 million, and unlimited jurisdiction for motor accident claims.
- Supreme Court of New South Wales. Unlimited civil jurisdiction and the most serious criminal matters.
- NCAT. Tenancy, consumer and commercial disputes, guardianship and occupational discipline.
- Personal Injury Commission. Motor accidents and workers compensation, where most insurer commissioned evidence in this state is tested.
- 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 NSW 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 New South Wales as well as Sydney?
Yes. Sydney 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 NSW 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 New South Wales coverage and our Sydney page.