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INVESTIGATIONS FOR CHILD CUSTODY PART 1

  It must be understood that if an accused person is innocent, it is our duty to prove them innocent.  However, if they are guilty, they should be proven guilty, Agent or Investigators must look to a higher level of ethics than that demonstrated by our nations leadership over the last decade.  The results of investigations are far reaching and will affect lives for many years or even an entire lifetime.

    In a child custody dispute either a male or a female often feels that he or she is entitled to children or a child.  These are often the result of broken homes due to a divorce action or a modification of a divorce.  The courts can deem the action as temporary or final. 

     Relative to the past the pendulum is swinging in favor of men.  Again it is all relative to the facts.  However the word pendulum is used to denote the changing of social mores and values and what is in vogue and what is not.   In the past the man had no chance of custody.  Often even if the women chose prostitution as her livelihood, she would not lose the children in a custody dispute.  However, this is no longer the case.  Recent cases have demonstrated that where the man has secured custody of a minor girl and no unfitness had been established or it was demonstrated and that man could provide a better environment for a child than the woman, men have been granted custody.  Conversely the same is true for the woman.  If the women can be shown to provide a better environment for the child and no unfitness was established she would be granted custody.  Thus it is the interests of the child’s psychosituational status and their future which are the issues.  Not petty he said-she said revenge deputes.

    When investigating a child custody case and establishing the purpose of the custody there are several important factors that must be considered. 

     Within the courtroom the client’s stability, character, reputation, and intent must be established.  When these factors cannot stand the test of judicial review by a judge then it would be futile for her/him to attempt to represent themselves as a better parent for the children.  When neither parent can establish good character nor intent the courts have taken children from both parents and fostered them for care and nurturing.

    There must be sufficient evidence to establish a person as an unfit parent.  The evidence must be of an unbiased nature and well documented for courtroom presentation.  The documentation as you have been well taught by these examiner courses must be of the manner, which will be most effective and accessible to the court.  As an Agent or Investigator, it is your skill which is often overlooked by the attorney and the client and when they go into judicial proceeding’s they are not properly prepared and ultimately lose their case.  This examiner in previous studies demonstrated where I had provided decisive evidence to where opposing council would admit after deposition or even during three full eight hour days of my deposition, that my decisive evidence was mandatory and compulsive in their minds.  In other words when a "professional" of any profession sees another so prepared as to achieve the ultimate in their field; even the opposition may pause to congratulate you for the moment. 

On one case I was now paid my first hour of deposition with the check up front and a check submitted by the attorney initially for disposition of research..  However, for the hearing, the attorney decided to look for a local so called expert, and during hearing, opposing council realizing that the new experts had not the smoking gun, turned the case around by changing the argument to new areas and won the case.  Upon hearing of the Judgment, this examiner can only state that I felt bad for justice but had could only smile at the foolish attorney.  Fool is the appropriate word.  Never allow egotism, pontification, and self-egregious or self-aggrandizing ways to enter your mind on a case.  As an Examiner, Agent or Investigator, it is your dogged dedication to Justice, which properly prepared decisive evidence.  Your subsequent testimony remaining focused to that work will stand the test of Judicial Review or even in the best case scenario cause opposing council to stand down and settle absent wasting any of the taxpayer’s moneys or client monies on futile cases.  Again, often had a professional experienced and seasoned Examiner, Agent or Investigator taken the stand with their properly documented decisive evidence presented, they would have been successful in their court action.

    The attorneys past experience, ability and attitude are invaluable in winning a custody case.  It is not until the evidence itself has been established, should a client choose an attorney.  The attorney of utility will vary in accordance with the demands that the evidence present for the particular case.

     Of course, the intangible and uncontrolled factor is the Judge.  This factor alone makes a child custody hearing a 50% chance no matter how good your evidence is, or how good the character of your client is, or how good your attorney is.

    The motive and purpose of a child custody case must be on the sincere belief that the welfare of the children is paramount, and that the children will be the beneficiaries of the action.  Never should a case be based on revenge, nor the “I want to win a case” basis but on the sincere belief that she or he can provide a better home and better environment for the children.  Once established, a person has a solid basis for their case standing the test of judicial review.  A parent who truly wants the very best for the children must exhaust every effort to fulfill this belief.

  THE NARRATIVE WILL ESTABLISH INVESTIGATIVE PROTOCOL 

     After undertaking a case, the Agent investigating the charge must establish a narrative report which covers all of the known facts and all of the unknown facts weighed one against another until procedures and a plan have been determined for a successful outcome.  If one cannot write what they are going to do, it is highly questionable that they will be able to perform.  Thus, all good investigative procedures make plan to write the negatives, positives and risks against results to be analyzed and scrutinized by the Agent investigator.  Just as in physics, for every action there is an equal and opposite reaction.  Thus, when one participates in the action of examination or investigation they must realistically anticipate the reactions.  This is what makes a good examiner; the realistic anticipation of what the reactions will be.  If the examining Agent is not realistic, they will not be able to predict the outcome of these actions, resulting in chaos.  Again, this examiner has sited an important case where I spent hundreds of man-hours preparing decisive evidence for my client, an attorney.  However, once my bill was paid, absent the Attorney understanding what it takes to be a seasoned Examiner, he hired a local expert, and lost the case as neither of the two had prepared for the chaos which results from the absence of the predictions of the outcomes of reactions to the action.  In other words the seasoned opposing council changed the argument and won.  Of course my past client lost their case and money.  Egotism makes not a sound ego.

 THE REPORT

      Accurate reports are extremely important.  It is their complete documentation, utilizing all of the decisive possibilities of evidence that might exist, which will be brought out in court.  They must consist of all decisive evidence such as photographs, videos, and any evidence which the Agent investigator may have come into possession of.

     Document to the minute details of occurrences.  The thoroughness of the documentation must stand the test of judicial scrutiny.  The agent must be able to diagram properly areas under surveillance, and to follow the same style of report writing that this examiner has presented in my many sections of the various types of narratives, reports and statements which stood the test of judicial review.

 ASSURANCE

     Security in any investigation is always a problem.  Relative to the Client, there is nothing closer to the heart than the investigation.  Their reputation, their whole life’s achievements, they feel will be dependent upon the security and confidential attitude that you maintain in his case behalf.  Extreme caution must be used.  No documents are to be left in vehicles or restaurants, or lost through neglect.  These types of lacks in security could reveal and identify the investigation and the client’s part in it.

     It has been said the child custody investigations involving clients of great wealth can become as much of a security problem as the atomic bomb.  Unfathomable amounts of money will be spent to intercept and destroy evidence and wherever possible bribes possibly the investigators who are on the case!  Thus, all important files and information concerning them must be kept under lock and key and not available to anyone except the investigators who are working the case.  This is usually in the form of recorded discs in coded computer language, locked away.  Even if discovered the encryption may not be feasible for the average Agent or investigator to decifer.  Security is a priorii of importance in any of your operations or cases.

     Agents must never talk, even in generalities, concerning the operation.  Only a small coincidental Freudian slip can let a seasoned Agent comprehend that your investigation, on behalf of your client is underway.  This of course, reveals to the subject your investigation, which then jeopardizes your entire case.  by Dr. Scott D Neff, DC, DABCO MPS-BT MSOM DACFE CFE FFAAJTS

“The Child is the father of Man”  William Wordsworth: My heart Leaps up When I Behold

 Part II Child Custody Investigations Click on this link.

© & TM 1998 American Academy for Justice Through Science. All rights reserved.

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