DH, MIL and I did some talking. Instead of alerting BM's attorney that we know he never filed what he was supposed to, we are just going to use that little bullet point in our own case. We decided to go for it on our own! Here are our "changes in circumstances":

I have had several changes in circumstances: BM’s Attorney still has not signed the journal entry which granted summer visitation time from the hearing on April 25, 2018. BM refuses to co-parent or answer texts, emails or calls regarding my son. BM is withholding medical information about my son, and possibly lying about medical conditions. BM attempted cut off communication with my son by changing his phone number, pulling him off of my cell phone plan and lying to me and having my son lie to me about it which resulted in having to call the police for a welfare check. BM has also greatly limited my parenting time with my son while I traveled to SS's state to spend time with him, I roughly received 12 hours with my son over a 7 day period. BM also did not have my son, SS, available for the Student lead parent teacher conferences, which I had a scheduled appointment with the school, teachers and my son on September 26, 2018. I have also remarried, and SS has another ½ brother, step siblings, step mother and other family in Our state that would like to be a part of his life and one week a year is not sufficient for a real relationship with me or the rest of his family on my side. Even though joint custody was awarded in the divorce, BM has blocked and alienated me from my son consistently for the last 5 years

BM's attorney never let our lawyer discuss any of this at the last hearing. There was a blip in the transcript that said we would return to court in April if summer vistation could not be agreed on. She wanted none, DH wanted 8 weeks. We got 3.5. Nothing else was able to be brought to the table. However all of the above has happened since that hearing in April. Hopefully it will be enough for the "standard out of state vistation" that DH so desperately wants. If not, this is it. We are done. I think the only reason that this fire was lit was due to the cell phone and communication being totally cut off and lied to us about. At least we are doing this on our own and frankly the plane ticket out to SS's state will still be cheaper than our Lawyer trying to get BM's lawyer to sign the form that the judge ordered anyway! We shall see... The hearing is on SS's bday. So that makes this even more interesting...