Interesting conversation. I have some difficulty in working out what a better system would look like.
Intellectually I see the merits of 50/50, but it just so happens that I'm doing battle with it in my own life at the moment. I have an ex who is fighting for 50/50. He is very attentive to DD and already spends quite a lot of time with her based on the court order. He has never not turned up for contact (although I have had on occasion needed police intervention to get DD back).
He was emotionally and (to a minor extent) physically abusive towards me. He is keen to establish his "ownership" of DD. He loves the way she adores him, but reacts with rage if she shows an emotion he doesn't like, eg. wanting me when she is with him. Throughout our time together, he would punish me by withholding her - from the time as a newborn when he shut himself in the kitchen with her all night and wouldn't let me breastfeed, from the time shortly before I left, when he physically held her to his chest and held her head turned with his hand so she couldn't look at me. He wouldn't let us physically touch each other for 24 hours. That's when I left. And so many times when he would disappear with her for hours on end to make me worry. So his current quest for 50/50 residence feels like part of a wider effort to take possession of her, so I feel I have to fight it. I'm not convinced he's good for her. Plus, he has two foreign passports, and I don't trust him not to take her out of the country. Plus, he's bloody impossible to deal with, and any negotiations (eg. time and date of handover after a holiday) are highly fraught.
BUT - it's my word against his. Why should a court believe me or have a presumption in my favour? There are limitations on the fact-finding a family court can do.
What would a better system be? A better-resourced CAFCASS, yes, clearly. More mental health assessments of parents? I'd like it in our case, but it might be overly intrusive as a general system, and of course abused women can demonstrate distress, depression, etc, and it would be wrong for that to count against them.
The family courts are in a hugely difficult position. Anyone got a vision for what the perfect system would look like?