The father used various tactics, exploiting the court process to protect his assets
The BC Supreme Court has ruled against a parent's attempts to dodge child support obligations, firmly establishing children's unassailable right to financial support.
In Tsuji v Tsuji, 2024 BCSC 370, the court ordered the sale of a property belonging to Hidetsugu Tsuji, who has accumulated over $150,000 in unpaid child support, to partially satisfy his children's obligations. From 1998 until he left the company in 2018, Hidetsugu worked for a food services employer, earning progressively more responsibility and remuneration over the years.
Eiko Tsuji, the children’s mother and sole caregiver, initiated action under the Court Order Enforcement Act, resulting in an order to sell Hidetsugu's property at Saba Road, Richmond. This ruling follows Eiko's extended legal battle to secure her children's right to support, shedding light on the challenges single parents face in obtaining financial support from uncooperative ex-partners.
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Eiko and Hidetsugu were married in February 2002. They have two children together. The couple separated in 2013, and the children have lived with Eiko since then. In February 2016, Hidetsugu married his current spouse, Kayoko, who became a permanent resident of Canada in 2017.
In a concerted effort to block the court-mandated sale, Hidetsugu Tsuji and his current wife, Kayoko Tsuji, used various tactics, exploiting the court process to protect his assets. Kayoko launched a family law proceeding specifically to prevent the sale of the property, a move the court identified as a clear strategy to skirt child support payments.
The BC Supreme Court dismissed the baseless claims and maneuvers by Hidetsugu and Kayoko, including the cancellation of a Certificate of Pending Litigation (CPL) Kayoko filed to halt the property’s sale. The court emphasized that child support is a non-negotiable right, immune to evasion or bargaining.
Additionally, the court awarded Eiko Tsuji several orders to ensure the property’s sale goes forward, granting her immediate possession and the authority to change the locks and dispose of any belongings left by Hidetsugu and Kayoko.