I suppose it could go either way~ perhaps I am biased since I live in CA. Our system is so clogged up that you'd better have a darn good reason to take the other parent to court...and typically when the request begins with 'the other parent does blah, blah, blah' the judge gets irked. It's so common for parents to use before &/or after care- and the children do learn by life experience...if all they know is being home with Mom- and not the routine of Dad getting them up, feeding them, dropping them off, picking them up etc...they miss that parenting in the longrun.
Not to mention- the children will still be getting up at 5am!! (or close to that) because the father still has to get them up and drive them to Mom's en route to work- and then what? they go back to sleep for an hour? or they watch TV or eat breakfast or play (same things they'd be doing at before care?)
Or perhaps OP would rather they don't even go to Dads and not have to wake up that early at all?
See all the places this can go?
My youngest gets up at 5:15am when she's with her Dad so he can commute to take her and then get to work...I would never dream of taking him to court simply because I could do that...we are different, our schedules are different and our child is only enriched by having both experiences. IMO