hypothetically speaking - suppose the father wasn't around - would the boys have been taken into care?
I doubt it unless they're started committing crimes or something
But I'm not sure why you're asking the question?
Surely you're not comparing a loving father having custody of his kids, to them being taken into care?
I don't think the judge is saying that the kids would be best off living anywhere except for with their mother.
Just that out of a choice between the mother and father, the father appears to be the better parent.
Therefore it makes sense they live with him and have contact with their mother, rather than the other way around.
That has nothing to do with whether they'd be better off in a care home.