If you or someone you know is going through a divorce, you may have heard the term “family investigation”.
This term is used when a divorcing couple disagrees over children, finances, or the circumstances surrounding the breakdown of the marriage. Evidence submitted by the spouses may not provide the Family Court with a complete understanding of the situation. In these cases, the court may therefore order a Family Investigation (가사조사).
A Family Investigation is a fact-finding process used in Korean family proceedings to help the court understand the circumstances underlying a dispute. The investigation may examine the history of the marriage, living circumstances, financial history, family dynamics, and physical and psychological conditions. Particularly when children are involved, the environment in which the children are being raised will also be examined.
In this article, we will examine more closely what a Family Investigation is, the role of the family court investigator, the types of information that may be collected, how the investigation can affect custody and divorce proceedings, and how parties can prepare.
For further questions, please contact us directly at Seoul Law Group.
Table of Contents
What Is a Family Investigation in Divorce Proceedings?
A Family Investigation is conducted by the Korean Family Court. the Korean Family Court. The Family Litigation Act authorizes investigators to investigate the facts when instructed by the court.
FAMILY LITIGATION ACTArticle 6 (Family Fact-Finding Officials) (1)The family fact-finding officials shall investigate the facts under the order of the presiding judge, chief mediator, or a judge in charge of conciliation. (2)Matters concerning the method and procedure of the fact-finding by the family fact-finding officials shall be determined by the Supreme Court Regulations. |
Guidance published by the Korean courts also explains that a Family Investigation may be ordered before or during hearings and may also take place during conciliation proceedings.
| FAMILY LITIGATION ACTArticle 56 (Preliminary Fact-Finding) A chief mediator or judge in charge of conciliation shall, before conducting conciliation, make a family affairs investigator to conduct an investigation into the facts of the case, within a fixed deadline, unless any special circumstance exists. |
Unlike ordinary civil disputes, family cases frequently require the court to understand relationships and circumstances that cannot easily be established through documents alone. Disagreement between spouses, for example, may concern events that occurred over many years within the privacy of the family home.
The Family Investigation gives the court an additional method of examining these circumstances.
In a contested divorce, both spouses may provide different explanations of why the marriage broke down. The investigator may examine the parties’ backgrounds and the history of their relationship to help the court develop a clearer understanding of the dispute.
The Korean courts identify several matters that may be examined at this time. These include the cause of the breakdown of the marriage, the formation of marital property, the environment in which minor children are being raised, and psychological matters. The investigation may also address the parties’ education, employment status, living circumstances, financial situation, personality, health, and family environment.
Not every divorce case will require the same degree of investigation. A case involving disagreement over custody, for example, may require greater attention.
Role of the Investigator and Information They Collect
Under the Family Litigation Act, the family court investigator plays an important role in helping the court understand the circumstances of a family dispute. Furthermore, Korean courts have explained that investigators may apply professional knowledge from areas including psychology, sociology, economics, and education when examining a case.
The investigation may begin with basic information about each party. According to guidance published by the Korean courts, an investigator may ask about a party’s basic personal circumstances including, but not limited to:
- upbringing
- life before and after marriage
- economic circumstances
- family situation
- physical health
- psychological condition
Financial circumstances may also be relevant. The investigator may seek information regarding employment, income, housing, debts, assets, household expenses, and the accumulation of marital property. Where the spouses disagree over their respective contributions, this background may help the court place the documentary evidence within a broader context.
When minor children are involved, the investigation may place substantial emphasis on parenting and the child’s living environment. Relevant matters can include which parent has taken greater responsibility for caregiving, the child’s relationship with each parent, work schedules, and so on.
The investigator may also examine the level of conflict between the parents. A parent’s ability to support the child’s relationship with the other parent can become relevant when the court is considering future arrangements.
Psychological factors may also be considered. Family investigators may facilitate measures such as psychological counseling or treatment programs where appropriate.
The exact process therefore varies considerably between cases. The investigator’s role is to collect and organize relevant information so that the court can better understand the family situation, rather than relying solely on the parties’ competing written allegations.
How Findings Affect Custody and Divorce Outcomes
When parents divorce in Korea and cannot reach an agreement, the Family Court may be required to determine matters including the designation of the person with parental authority. The court must consider the child’s welfare.
A Family Investigation can provide the court with practical information relevant to these decisions.
The investigation may also help clarify discrepancies between what a party claims in court documents and what has occurred in practice. Consistency is therefore important.
Family Investigation findings may also affect issues beyond custody. Because the investigation can examine the causes of marital breakdown and the parties’ broader marital history, information obtained may become relevant to the court’s understanding of other disputed matters.
However, it is important to note that the investigator does not replace the judge. The investigator conducts the investigation and provides information to assist the court, while the ultimate legal determination remains with the Family Court.
Parties should nevertheless take the process seriously. Statements made during the investigation may be considered alongside court filings, documentary evidence, and testimony. Significant inconsistencies can affect how a party’s overall position is evaluated.
This is especially important in emotionally difficult divorce proceedings. Excessive hostility or allegations unrelated to the issues before the court may distract from relevant facts.
How to Prepare for the Investigation
Receiving a notice requiring participation in a Family Investigation should not be ignored. Preparation does not mean attempting to memorize a perfect version of events. The goal should be to understand the issues in dispute.
The following is a step-by-step guide to help you get mentally and physically ready for the investigation.
- Review the Issues in the Divorce
Before attending the investigation, review the claims made by both parties. Consider which facts are disputed and which are likely to require clarification.
If custody is contested, preparation should focus heavily on the child’s caregiving history and present circumstances. If the breakdown of the marriage is disputed, review the chronology of important events.
- Prepare a Clear Timeline
Divorce proceedings may involve events occurring over many years. Remembering exact dates during an interview can be difficult.
Preparing a timeline can help organize important events such as the beginning of the relationship, marriage, childbirth, employment changes, moves, separation, and so on.
The timeline should remain factual. Exaggerating events can reduce the credibility of the overall account.
- Organize Relevant Documents
Relevant documents may include:
- financial records
- employment information
- housing documents
- school records
- childcare records
- medical information
- communication between the spouses
- photographs
- schedules
Not every document should necessarily be submitted. A lawyer can help determine which evidence is relevant and how it should be presented.
- Be Accurate and Consistent
One of the most important aspects of a Family Investigation is consistency.
If an earlier statement contains an error, it is better to explain the discrepancy than to create another version of events.
Additionally, saying that an exact date cannot be recalled may be preferable to confidently providing inaccurate information.
- Keep the Focus on the Child
When custody or visitation is disputed, parents should be prepared to discuss their child’s circumstances in detail.
Parents should also consider practical questions. Who will care for the child while the parent is working? Where will the child live? How far is the home from school? What support network is available? How would visitation with the other parent operate?
These details can be relevant to determining whether a proposed parenting arrangement is stable.
- Avoid Using the Investigation to Attack the Other Spouse
Divorce disputes are emotionally difficult, and serious misconduct should be raised when it is relevant. However, parties should distinguish between information genuinely connected to the legal dispute and general complaints arising from the deterioration of the relationship.
Where serious allegations such as violence, abuse, neglect, addiction, and threats are involved, they should be supported by evidence where available.
- Seek Legal Advice Before the Investigation
Because the scope of a Family Investigation depends heavily on the facts of the individual case, legal advice can be particularly useful before attending.
An attorney can review the issues before the court and identify areas likely to receive attention in the case. This can be especially valuable for international spouses who may be unfamiliar with Korean Family Court procedures.
Conclusion
A Family Investigation (가사조사) can play an important role in divorce and custody proceedings. The investigator may examine everything from the spouses’ personal and marital circumstances to the emotional and educational needs of their children.
Because the findings may influence important decisions, parties should approach the investigation carefully. Relevant documents and timelines should be organized well in advance, and statements should remain consistent.
If you have been asked to participate in a Family Investigation, are involved in a custody dispute, or are considering divorce proceedings in Korea, obtaining legal advice early can help you protect your interests. Seoul Law Group assists Korean and international clients with divorce, child custody, visitation, property division, and other family law matters.
Contact Seoul Law Group today to discuss your case and learn how our experienced family law team can assist you throughout the Korean Family Court process.