[pendy]

There is actually no such thing as custody any more. It was abolished by the Children Act some time ago. The current thinking is that both parents should have equal responsibility for their child(ren), although it is normally the case that the children live with mother. In many cases, mother does not/has not worked, and the children have spent more time with her. That said, fathers should and can get reasonable access - and it can be enforced more strongly than before. There is a move in the Courts to send mothers to prison if they consistently refuse access, and not before time. A parent can get a Residence Order, whereby the Court states that the child should live with that parent, but a father usually has to prove that the mother is unfit before he is granted one.

And yes, the children are consulted as to which parent they want to live with, once they are old enough to make a reasoned decision.