Private investigator for separation and child custody in Milan
When a family situation needs to be documented — for the judge, for a revision, for a difficult decision — an investigation can be the right tool. A private investigator in Milan for separation, child custody and the revision of maintenance. Carried out with respect for everyone involved.
Family proceedings raise three distinct questions, which often overlap.
You want to prove the cause of the marital breakdown in order to obtain a fault-based separation.
You want to document a parent's conduct in order to inform the judge's decision on custody.
You want to verify a spouse's real standard of living and financial situation in order to set or revise the maintenance allowance.
Each context has its own rules of evidence. In all three, the way the investigation is conducted determines how useful the investigation report will be in court.
art. 151, paragraph 2, of the Italian Civil Code
Fault-based separation and valid evidence
Fault-based separation (art. 151, paragraph 2, of the Italian Civil Code) requires the judge to establish a breach of marital duties (fidelity, cohabitation, cooperation, under art. 143 of the Italian Civil Code) and a causal link between that breach and the marital breakdown.
The investigation can document specific conduct (stable extramarital relationships, abandonment of the marital home, documentable domestic violence) at the relevant times and places. The material is brought together in an investigation report handed to your lawyer.
In some cases, fault attribution can affect financial matters (the at-fault spouse's loss of the right to maintenance under art. 156 of the Italian Civil Code, and the loss of certain inheritance rights under art. 548 of the Italian Civil Code). Your lawyer will be able to tell you when an investigation is genuinely useful for your specific case.
art. 337-ter of the Italian Civil Code · best interests of the child
Investigations for child custody
In custody proceedings, the judge decides solely in the best interests of the child (the guiding criterion set out in art. 337-ter of the Italian Civil Code). The elements that bear on this assessment include:
Personal and residential stability
The personal and residential stability of each parent, and the continuity of the setting in which the child spends their time.
The people around the child during custody time
The people the parent associates with while the child is in their care: who is present, in what settings, and how often.
At-risk behaviour
Substance use, at-risk behaviour, persistent absence or neglect during the time spent with the child.
Ability to manage time with the child
The ability to manage time with the child, attentiveness to their needs and genuine involvement in daily life.
An investigation documents these elements through structured dynamic observation, with the utmost respect for the child — who is never a target of the observation, but may be present in the observed setting because they are with the parent. Respect for the child is also bound by the UN Convention on the Rights of the Child (articles 3 and 16).
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We avoid any footage that exposes the child, any material that could be used inappropriately, and any approach that might feel intrusive to the child.
art. 156 of the Italian Civil Code · revision of the terms
Maintenance and standard of living
When a former spouse declares income inconsistent with a clearly higher lifestyle, or when new cohabitation or untracked activities affect the allowance being received, an investigation can document the reality to support a request for revision under art. 156 of the Italian Civil Code (separation) or art. 9 of Law 898/1970 (divorce).
01
Actual standard of living
Residences, spending, available assets and financial habits inconsistent with declared income.
02
Undeclared activities
Undeclared or off-the-books work, and untracked engagements and collaborations.
03
Undisclosed cohabitation
Stable cohabitation that has not been declared but affects the right to the allowance being received.
04
Fictitious ownership
Fictitious registration of assets in the name of accommodating third parties, aimed at removing wealth from the calculation.
The evidence gathered supports the request to amend the financial terms before the judge.
Court of Cassation case law
New stable cohabitation
The formation of a new de facto family, stable and public, can extinguish a spouse's right to a maintenance allowance (Cass. SS.UU. n. 32198/2021 and the settled case law that followed). For the divorce allowance too, the Joint Chambers (Sezioni Unite) have clarified that new cohabitation does not automatically entail loss of the right, but may reduce its amount in proportion to the loss of the support component.
Documenting cohabitation requires a coherent reconstruction over time: lasting cohabitation, a shared plan, a public expression of the relationship. A well-structured investigation assembles these elements in a form your lawyer can use.
Coordination
The role of your lawyer
These investigations make sense almost only when coordinated with the family lawyer. The reason is simple: it is the lawyer who knows the litigation strategy, the specific evidentiary needs of your case, the dynamics of the hearing and the timing.
We work with the law firm from the very first briefing. If you do not yet have a lawyer, we can point you to professionals we have worked with, while leaving you entirely free to choose.
Joint briefing
An initial three-way meeting: you, your lawyer and the Ethix contact. Definition of the evidentiary scope.
Proportionate engagement
Timing, means and depth calibrated to the litigation strategy. Nothing more than is needed.
A usable report
Material structured to meet the formal requirements of an investigation report that can be produced in court.
Procedures
How we protect your confidentiality
Our work makes no noise. When properly conducted, the other party learns of the investigation — if it ever happens at all — only when you produce it in court, through your lawyer.
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Our work makes no noise.
What we guarantee
01No contact with the other party, relatives or acquaintances, unless you expressly instruct otherwise.
02Access to the data strictly limited to the operational team assigned to the case.
03Encrypted storage, kept only for as long as strictly necessary.
04Communications through channels agreed with you.
Domande frequenti
Domande frequenti
Answers to the most common questions from people considering an investigation in matters of separation, custody or maintenance in Milan.
Can an investigation help me obtain a fault-based separation?
The investigation report can document the relevant conduct (infidelity, abandonment, behaviour that breaches marital duties under art. 143 of the Italian Civil Code), but fault attribution (art. 151, paragraph 2, of the Italian Civil Code) is ordered by the judge, who assesses the entire body of evidence and the causal link with the breakdown. The Court of Cassation has clarified that infidelity alone is not sufficient: it must be shown that the breach made continued cohabitation intolerable (Cass. civ. sez. I n. 25966/2017). The investigation provides concrete evidence; the litigation strategy and the final decision remain with the judge, after consulting your lawyer.
Can an investigation affect child custody?
Yes, when it documents parental conduct that harms the best interests of the child (the guiding criterion under art. 337-ter of the Italian Civil Code): risky associations, neglect, unstable living arrangements, inappropriate behaviour. The judge assesses these elements within the overall picture, giving weight to concrete evidence over one-sided accounts, and where necessary drawing on court-appointed psychological assessments (CTU).
How can I request a revision of the maintenance allowance?
The revision is requested from the judge (art. 156 of the Italian Civil Code, and art. 9 of Law 898/1970 for divorce) when the financial circumstances of one of the parties change. Supporting it requires concrete evidence: undeclared income, new stable cohabitation, changes in assets. An investigation documents these elements in a report that can be produced in court, to be combined with the documentation obtained by your lawyer.
How long does an investigation in separation and custody matters take?
On average between one and three weeks of activity, spread out according to the routine of the person under observation and the number of observations needed to obtain solid evidence. In custody cases, the timeline may require repeated observations at weekends or on the days the child spends with the parent.
Does the investigation expose the children?
No. Children are never a target of the observation in their own right, and the material is selected so as to avoid any exposure of the children. When a child is present in the setting because they are with the parent, the documentation is focused on the parent's conduct, not on the child. We operate in line with the UN Convention on the Rights of the Child (articles 3 and 16) and with Italian case law on the protection of minors.
Will the other party find out about the investigation?
Not through us, unless you and your lawyer decide to produce the report in court. The observation is carried out discreetly and the storage is confidential. If the report is produced in the proceedings, the other party becomes aware of it through the adversarial process.
How much does a separation investigation in Milan cost?
Separation and custody investigations are designed on a case-by-case basis: the cost depends on the number of operatives, the duration and the type of observation required. We do not publish standard rate cards. After the first free consultation, Ethix provides a written quote with an agreed scope, timeline and investment, with no changes along the way.
Let's talk
A first confidential consultation with no obligation
We listen to your situation, assess whether an investigation is really the right tool and, only then, design it together with your lawyer. A private investigator in Milan, with assignments across Lombardy and all of Italy.
