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Monitoring Spouses and Ex-Partners: Skirting a Fine Line

Submitted by Jamesnoble on Thu, 02/02/2023 - 19:35

During a breakdown of a relationship or marriage, an individual’s life (both personal and public) are usually retracted from the other party. This can be a strange time for some people, as many parties spend years intentionally or unintentionally knowing the whereabouts and doings of the other party.

As this knowledge ceases quite suddenly, it is not uncommon for one party to try and find out what the other is up to. This does not necessarily have to be done with sinister motives, but it is important to understand the fine line when it comes to privacy.

Surveillance Vs. Snooping
As technology is progressed to a point where there are endless ways to find information on someone else, it is not surprising that invasion of privacy and restraining orders sometimes come into the scope of family law proceedings.

An angry ex-partner or a party related to them may seek to access your emails, bank accounts, or other private information to determine your assets, current whereabouts, or similar data. Persons who use software to hack into your electronic devices to illegally obtain evidence are guilty of a legal offence, which is punishable by the Supreme Court of Queensland. This typically involves the person knowingly accessing an electronic device without your effective consent to do so.

However, there are legal means to obtain information on another person to be used as evidence in the Family Court. Hiring a private investigator to undertake surveillance work is obtained legally and is most commonly used by persons who are concerned with child safety while in the care of the other parent or related party.

Alternatively, some people engage these services to ensure the other party is stating their correct financial position and not hiding assets or other property during disclosure.

Whilst separation and divorce can be very tiresome, also seek legal advice if you wish to proceed with a private investigation. Your solicitor will be able to provide the most appropriate way of obtaining information and evidence, in ways that will protect your interests in Court.

To discuss your situation and the options that are available to you, contact the team of family lawyers Brisbane at James Noble Law today for expert advice from experienced Brisbane solicitors for a FREE 20-minute consultation.

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