divorce

Family Division:

As of January 31, 2019, all files for this area of investigation will be looked after by one of our associates. GWIG LTD will no longer be handing any Investigative or Surveillance files internally.

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

For more informative reading and information pertaining to:

Impact on what was required as evidence for “Adultery”

How Private Investigators are utilized today:

Adultery: Section 8 (2) (i)

Physical and Mental Cruelty”: Section 8 (2) (ii)     Please read here:  
 

Informative Information pertaining to : Child Custody  and  Custody Access Supervision

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

For more information pertaining to FAMILY MATTERS,read here