Just another point: if nobody seems to care, it might be a reverse direction of causality. Rather than the courts having a bias and people reacting ambivalently, maybe people are ambivalent (particularly dads) about moving away from old school parenting arrangements, and the courts simply reflect this as these preferences play out in individual cases.

Which doesn't necessarily justify the disparity. But if true, you'd be better off blaming general parenting culture than the courts.

That being said, it does surprise me that Scandinavian preferences for parenting arrangements would still be so traditional. Perhaps it'll take a few more generations for those traditional unconscious attitudes to disappear. Or maybe the distributions of parenting preference naturally differ between men and women. I'm less inclined to believe that though.

If this isn't a reflection of natural differences, I would probably agree with the stated belief that courts should take a more active role in pushing for more equal parenting. Passively reflecting the will of the public isn't always the best thing courts can do.