Would he get 50/50

[Beesknees89]

Hi all I'm looking for anyone with experience of custody arrangements to give me some advice.
I'm going through a divorce my STB EXH ha sour DC8 two nights a week once in the week and once at weekends.
DC has come home a lot of the time after her weeknight visit and said she's very tired as she been to bed late . Today she said she nearly fallen asleep at school as she was up late at her dad's yet again.
I've messaged to say the weeknight visit needs to stop as despite me repeatedly asking he refuses to keep her in routine. For context she's asleep here by 8pm.
I've said he can have extra time at weekends and in holiday periods. He's now threatened me with court and said he's going for a 50/50 arrangement.
Her school ,friends ,hobbies are with me as we reside in the family home. He's admitted the motivation is money as he wants me out of the home and doesn't want to pay maintenance. (In a previous conversation)
Again for context he doesn't give me maintenance he pays the mortgage on the home which is around 400 per month.
I'm not bothered about the money or the house but don't want her there extra days as she generally doesn't really like going and gets stressed and upset.
Will a court automatically give him 50/50 should he go for custody? Things I've read suggest this could be possible and I'm really worried.

It is possible yes, 50/50 is the starting point for the court and you have to make an argument that it’s not workable/appropriate. The fact he lets her stay up later wouldn’t be enough to say he can’t have 50/50 though.

He lives about 40 miles away but does take her to breakfast club etc so there wouldn't be a change in her school.
She's exhausted and she really doesn't want to be there for a huge amount of time.
Would the court ask her view?

At 8 years old her view won’t really be taken into consideration, as long as he is asking for 50/50 and there are no safeguarding reasons found by Cafcass. Cafecass would be invited to do a section 7 if you oppose it and depending on the age of the child their feelings are taken into account but at 8 years old that alone won’t be enough to say no to 50/50.

I worked with 2 women who were going through this, one her children were 6 and 8 and although both said they didn’t want to 50/50 was ruled anyway. The other her children were 13 and 14 and their feelings were taken into account and instead of 50/50 it ended up roughly 65/35.

Is your DD also exhausted because she has to get up earlier to travel 40 miles to breakfast club too?
Thats bonkers.
Why did he move away?

It’s the starting point now and he will most likely get it

Could you compromise with two nights still but on a Saturday and Sunday night? Doesn’t really matter if she’s up late on a Saturday night, and if it makes her that tired the following day she will hopefully be going to sleep at a decent time on the Sunday night?

If you back down on the weeknight stay will he drop the 50:50 threat?

Hi all so basically yes he will back down if I say he can have her the one night in the week. She's exhausted and I have said he can have her two nights a week at the weekends and in the holidays but he's refusing . Like a spoilt child he wants his own way even though he knows it's not the right move for DC. Her teacher has even approached me and said she is exhausted every Friday.

He wouldn’t automatically get 50:50 .
he'd have to demonstrate why he believes it’s in his daughters best interest - and based on what you say here it’s not.

a 40 mile trip to school, teachers stating exhaustion, he’d have a hard time convincing anyone

im all for fathers having equal access to their children - but not on their terms and not putting children first

50:50 generally works where parents live close by, and children can maintain sports, hobbies and friends etc. even him having her every weekend would pull her away from this

Ask if the teacher can put that observation in writing.

I've asked the teacher to keep a record of Fridays so if necessary I can use it if we went to court.