Family Division:

This division provides Investigative Service in the areas of:

• Divorce Evidence
• Child Custody
• Custody Access Supervision and other areas covered under the Family Law Division Act..

Divorce Evidence: (Surveillance)

This area of law has changed dramatically over the past years. With the changes to the Canada Divorce Act in 1985, many Private Investigators found that Divorce evidence was being requested on a less frequent basis. As such, many investigators stopped offering their services to Divorce Lawyers and moved on to put all their eggs in one basket so to speak and focused on Insurance Claim Investigations.  This shift has created a Void in the area of FAMILY LAW Investigators. Golden West Investigative Group Ltd, even though it does conduct Insurance and other Private Investigations, also provides services in the areas of Divorce, Child Custody and Custody Access Supervision. Generally, we take on such assignments through your lawyer but  that is not a written in stone rule.

A little History:

In Canada, we did not have a Federal Divorce Act prior to 1925. Provinces had their own Acts to deal with the  the break down of the marriage and separation but federally, their was nothing. The laws varied depending on which province you lived in and divorce was not even a legal option in some. Divorce courts were only operating in British Columbia, New Brunswick, and Nova Scotia before World War I.. When the Federal system took over the Divorce proceedings, you could file for a divorce on the grounds of adultery.

In 1968, reforms were made to the federal act stating that one could file under "breakdown of the marriage" if you had been separated for three years or longer. Your other options were  "infidelity" and "cruelty".

Further changes were made in 1985 that changed the whole agenda when it came to filing for a divorce.

Q:What Changes Occurred in the Canada Divorce Act in 1985?

A: Section 8 (2) with sub-sections was implemented. It provided for new definitions with the only grounds required as being "breakdown of the marriage". 

Section( 8 (2) (a): This sub-section provided a NO-FAULT option -  where two parties may separate for one  (1) year or longer and anytime after that year, apply for a divorce. This section works fine for many as long as all assets and matters pertaining to children (their maintenance and well being) are dealt with separately. IE: This option deals with the DIVORCE  application only.

Section 8 (2) (i) : Deals with grounds that qualify under the heading of "commit adultery"

Section 8 (2) (ii): Deals with grounds that qualify under the  heading of  "physical and mental cruelty"

For a full history and more complete details, go to http://divorce.lovetoknow.com/Canadian_Divorce_Laws

Impact on what a was required as evidence for "Adultery":

Prior to the changes in 1985, Private Investigators were utilized to collect HARD evidence of the adulteress act. That meant catching the two parties in the act and documenting it- usually with photographs. The changes brought about in 1985 negated the kicking down door and taking a quick photo scenario and provided us with two things that were required: Opportunity and Inclination.

Did the two adults have the opportunity to commit adultery? This was generally verified by watching the two parties enter a premises, tag the doors and watch them break the tag when they came out. As a general rule, a one hour time frame with lights out was required to convince a judge that they had opportunity. The additional question to that portion was- Were they the only two adults on location?

The second portion of the formula was "Inclination". Did they have the inclination to commit adultery. This was generally a given if close physical contact was observed. Close physical contact included but was not limited to: Holding hands, extended embrace or kissing each other.

How Private Investigators are utilized today:

Adultery: Section 8 (2) (i)

A client generally will retain the services of a Private Investigator to verify that Adultery is being committed by their current partner. This is done by conducting surveillance on the subject during times that it is felt they have the opportunity to do the same. ie: After work, sometimes during work breaks or after hours where their whereabouts or activities cannot be explained. The evidence collected from the surveillance must complete two important aspects of the activity - Opportunity and Inclination.

Some clients are not sure if there is a problem and really do not want a divorce. These clients generally just want "PEACE OF MIND" of knowing for sure. If adultery is being  committed, it gives them the opportunity to seek out other means to rectify marital problems, usually through more in depth marital communication (counseling or mediation).

Physical and Mental Cruelty": Section 8 (2) (ii)
Generally a Private Investigator is not involved in such matters.

Child Custody:

If a break down of the marriage occurs, the most important parties of the marriage are the Children. Their well being and what is in their best interest is paramount. Sometimes there are circumstances that prevent the two adult parties  from agreeing on custody and access. This may have to do with one or more of  a number of lifestyle problems or other factors that have created this road block. A Private Investigator may be retained to conduct surveillance on the other parent to substantiate any allegations that are not in the best interest of the  children. This type of investigation can sometimes be difficult and costly. A good investigator will have numerous questions to ask you before taking on the assignment and  in 99% of the cases, it is done in conjunction with directions from your lawyer.

Custody Access Supervision:

A Private Investigator can be utilized to act as the supervisor when Access by one of the parents has been granted but under supervision. Not every investigator has the skills to effectively fill this role. At Golden West Investigative Group Ltd, we have qualified  investigators that know what is required as Custody Access Supervisor.

For more information, read the posting pertaining to Access from JP Boyd's "BC Family Law Resource" page.

Why do I need to hire a P.I?

If a member of the general public attempts to conduct the surveillance, they may be, if caught doing so, charged with STALKING.(read section 264- Criminal Code of Canada). A very good article pertaining to this may be viewed at  Duhaime.org.
 

Private Investigators in British Columbia must be licensed and bonded to provide their services and as such are not in breach of  STALKING laws. Under the law, we have "lawful authority".  Some exceptions can apply to this but a good Private Investigator will know what questions to ask their client before taking on the assignment so that the EXCEPTIONS" are not breached if they apply.

For more information pertaining to our Family Matters division, click here.