To modify the existing arrangement, she would need to prove to the court that there has been a substantial change in circumstances. If the court finds that there has not been one, the court would be unable to modify anything at that point.
Not only does she have to show a substantial and material change in circumstances since the entry of the Order approving the settlement, she has to show that her requested modification would be in the child's best interest. Generally, it is difficult for a parent to show that restricting the other parent's time sharing is in the child's best interest.
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The modification of a timesharing plan requires a showing of a substantial, material, and unanticipated change of circumstances and a determination that the modification is in the best interests of the child. While it is possible to satisfy this legal standard, a high evidentiary burden must be met. From the facts that you have presented, it appears that your ex has not met that burden.
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