If Simon is such a dumbass that he thought kidnapping the kids from Child Services
was the best way to get custody back, maybe it's best that he doesn't have said custody.
Then again, the kidnapping was (AFAIK) a joint operation between Simon and his fiancee, and she *does* have custody. So who knows. The implication is that she has dumped Simon, so she must have decided to cut her losses and run.