A bit of back history: SO and BM changed the parenting time (it is CO'd) July 1st from SO having SD every Sunday overnight and alternating Friday overnights with Alternating Fridays from 5-9pm to a 2-4-2-4 schedule. SO has her for 2 days BM for 4 and so on. I have an entire year blocked off on the calendar.

Well now according to BMs "lawyer" she signed the agreement under false pretenses because SO "TOLD her that he would NOT be working on the nights he had SD".

What she doesn't know is that we recorded the entire meeting when she agreed to this and SO made it very clear to her that he would have to work some nights, but he would be leaving for work after SD goes to bed or shortly before while she is getting ready for bed. He isn't missing out on ANY time with her really.

Naturally, BM was pissed because SO showed up at the courthouse today to speak to the caseworker because she TOLD him not to go. Obviously he told her that hes not going to sign anything stating that hes not going to work on the nights he has SD because that is ridiculous.

So now BM is threatening to file a motion with the courts to change the parenting plan AGAIN. It's only been a month and a half since they changed it last.

What are the odds of her succeeding in this? The new schedule is WAY more stable for SD than the last one. BM wants to go back to how it was, or just whenever SO doesn't have to work he can see her, which is practically never.

If she ends up taking him to court do you think now is a good time to counter file for 50/50. I feel like we have a good chance since we've spent the past 2 years documenting BMs lack of stability and everything else.

Thoughts? What would you do in this situation?

REvision: Just went and listened to all 48 minutes of the audio and this was the conversation:

SO: we want to have a 2-4-2-4 schedule where I will have her for 2 days and then you will have her for 4, it will alternate on any given month.
BM: mhmm that sounds fine, are you going to take work off those days or what?
Me: Well FMIL makes the schedules every two weeks.
SO: we can figure it out when the time comes it won't be a problem.

The thing is SO DID figure it out, he now goes into work at 8pm instead of 6 on the nights he has her.

BM is stating that he said he just wouldn't go to work period.
Thoughts please????