Although it's difficult to provide a precise answer without reviewing the actual order, it sounds like what you may need to do is to file a request to change the custody orders, based on (a) the recccomendation of the evaluator and (b) your ex's refusal to follow the evaluator's directions. You should definitely review ALL the facts with an experienced family law attorney.
Many orders specify times and it sounds like your order should be based upon when you are available due to the nature of your employment. Yes you will have to go back to court to get a more flexible plan as the cp is being a jerk.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
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