The BS continues

[Blended]

Hello all,

While this is an update to my situation and once again - it sucks!!

Quick Background:  I have always been involved with my 3 kids to the best of my ability (divorced eight yrs ago).  I have always tried to be reseasonable and work things out with their BM for MY KIDS!! BM & I share joint custody - she is CP- I was NCP.  BM move with SF & kids 5 hrs away (one way) last year so we made our own mod which was approved by the court in nine days later where I would keep EOW, holidays and she would be responsible for all transportation.  It also includes a safety clause that "if either party reneges on the agreement he/she will be  responsible for both parties atty fees, court costs, any other reasonable fees to rectify the situation before & within the jurisdiction of the court."  Since BM remarried she was consistantly tried to get me out of the kids' lives.  This summer I received papers that BM is taking me to court again for mod of Parenting Time & Transportation Order.  She now wants 50/50 transportation split, reduced parenting time and adding a GAL(court approved GAL with 50/50 split on costs).  Due to her actions, my ODS (18) moved in with me & my wife because he did not want to lose any more time with me.  

Right before we met with the GAL, BM's atty called my atty wanting to settle a couple weeks before the court is to hear my motion to dismiss.  My wife & I felt like this is just a ploy only.  After all we worked out a settlement last time and she is not abiding by it.  Our atty said it looks better if we at least try so we offered once a month visitation along (thus cutting her travel obligation in half) with expanded summer visits and any missed visit to be made up in one month time frame, payment of my atty costs and my portion of the GAL fees.  

BM's atty is only willing to agree to the once a month.  BM's atty tells my atty that my ODS has autism & BM is concerned about him getting proper treatment while in our care and that she is concerned because he is involved with a pg woman..  WTF????  I nor my ODS knew anything about him supposedly being diagnosed with autism and the story about a PG woman is bullsh*t!!! How can she just say this crap with her atty repeating it and not have to prove anything????  BM refuses to communicate with me no matter what which is in contempt of our mod & original decree.  If I sent her an email SF responses.  On top of that I am still paying CS for my ODS to BM for the last four months while he has been living with us because her atty is dragging her feet.

Now what????  According to the CO law, you can only be taken to court every 2 yrs unless substantial change in circumstances - which has not happened.  BM filed current actions in under 1 yr from the last order.  How doesn't that just get kicked out?  We addressed the issues of the travel prior to her move in writing and she said it was not a big deal so how can she legally go back on it now?  She does not do the driving anyway - SF does.  Why do we need a GAL to decide parenting time & transportation issues only?  The custody is not an issue that is not even in question.  Wouldn't she be guilt of neglect and child abuse if she knew that my ODS was diagnosed with autism and she did not inform me, him, his schools and get treatment for him???  When my ODS confronted her about it she told him that she did not share the info b/c she did not want him to be labeled...she stands by her decision and he was diagnosed when he was in elem school.  We were married and living together then and she never told me anything.  Nor has she ever stated anything since our divorce.

Our court date is in two weeks and I need some serious help.  I am tired of being screwed by her and our legal system.