October 12, 2020
Duke of Sussex Prince Harry and his wife Meghan Markle do not have the legal custody of their 18-month-old son Archie because of a 300-year-old British royal law.
According to a report, Meghan and Prince Harry do not have the legal custody of Archie because the 300-year-old royal rule gives the Sovereign (King or Queen) the legal custody of the minor grandchildren.
Royal historian Marlene Koenig told the media outlet that the royal law goes back to King George I (Early 1700s) and it has never been changed.
The custody rule was promulgated by the King because of his very poor relationship with his son, the future king George II.
The law passed in 1717 and legislated again in 1772 allows the king as the legal guardian of his grandchildren. This rule has never been changed since.
As per the law, Queen Elizabeth II has the legal custody of Prince Harry and Prince William but this rule does not clarify whether she has the custody of Archie Harrison Mountbatten-Windsor because he is her great-grandson.
King George I did not have great-grandchildren when the custody law was made.
This means, when Prince Charles becomes a king, he will have custody of his grandchildren including Archie and Prince William and Kate Middleton’s three children —Prince George, Princess Charlotte, and Prince Louis.
For the sovereign, "custody" means having a say in the grandchild's upbringing, travel, and education, the report says.