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Family law judgment on parenting, child support, s. 7 expenses, property reimbursement, and a Romanian apartment’s status as excluded property.
The court varied a recognized U.S. custody order, finding Elkan would suffer serious psychological harm if required to live with his father, and granted the mother full parenting responsibilities.
The applicant produced decisive new facts (Certificate of Canadian Citizenship and valid permanent SIN) that were issued after the Board decision and could not have been discovered earlier; those facts satisfy the new-facts test under Chan as applied by DESD Act s.66(1), warrant rescission of the Board decision, and establish entitlement to maternity/parental benefits effective January 28, 2013.
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