A parenting plan (as distinct from consent orders) is a written agreement, not a court order, so either parent can step away from it and seek different arrangements, including through court proceedings, which appears to be what's happening here. Where a party then applies for parenting orders that increase their time, the court will look at the current, actual arrangements (including that you've been primary carer for 15 months), each parent's capacity to meet the children's needs, and any evidence of family violence, denigration or unreliable conduct raised in the affidavits.
Disputed factual claims in affidavits, including allegations you consider untrue, are common in parenting matters and are ultimately tested through the evidence, including your own affidavit in response, any independent evidence you can point to, and potentially a family report if the court orders one. On the denigration point specifically, courts generally distinguish between a parent honestly answering questions or being truthful with a child, and actively undermining the other parent, so the framing and context of what you actually said will matter. Given the affidavit conflict and character allegations involved, this isn't a matter to run without representation. Getting advice from a specialist in
child custody and living arrangements will help you prepare a strong response and represent your position going forward.
Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.
