Queen Elizabeth Has Legal Custody of Archie Harrison Mountbatten-Windsor

The royal family has hundred of royal rules and traditions that other families don't have. Most of the rules go back hundreds of years, and are still observed today. One of those rules dates back to 1717 that states the monarch must have legal custody of minor royal children.

Technically, Queen Elizabeth has legal custody of her four minor great-grandchildren who were born during the last five years. The Duke and Duchess of Cambridge are parents of three children, Prince George, 5, Princess Charlotte, 3, and one-year-old Prince Louis.

The Duke and Duchess of Sussex have a two-month-old son named Archie Harrison Mountbatten-Windsor. Both sets of parents are proud of their children, and are allowed to raise them as they see fit. However, it is the country's monarch who has legal custody of all of them.

Why does Queen Elizabeth have legal custody?

Royal historians say Queen Elizabeth has legal custody of all her minor great-grandchildren based on a law that is more than 300 years old. The 93-year-old monarch does not interfere with the children's upbringing, even though she has the authority to do so.

It was no problem for ten out of 12 judges to pass the law way back in 1717. The judges agreed that the monarch should have the authority to supervise and make major decisions concerning minor grandchildren.

King George was the monarch at the time the law was passed. He did not think his son, the future King George II was fit enough to parent his own children. King George wanted himself to become the guardian over his grandchildren instead of leaving it up to his son to make major decisions concerning them.

According to royal expert, Marlene Koenig, the law was never taken off the royal books. The original wording remains the same today that the monarch is in charge of grandchildren's care, education, where they live, and when and where they can travel. The monarch was also in charge of appointing the children's caregivers when they are young. Then when they are ready to get married, the monarch has to agree to it. Prince William and Prince Harry had to get their grandmother's permission to marry. So, parts of the law are still enforced.

When Prince William and Harry were minors, Prince Charles and Princess Diana needed Queen Elizabeth's permission in advance for the boys to travel with them. After their divorce, Princess Diana took her two boys to many places with her, but only after she was granted permission in advance.

Custody arrangements are usually part of most divorce decrees. However, no custody arrangements were stated in the divorce decree of Prince Charles and Diana. or in the decree of Prince Andrew and Sarah Ferguson. That's because the parents were never legal custodians of their own children. The monarch's custody arrangements remained the same as it had always been. Princess Diana requested to have her children raised by her brother and mother in case of her death, but Buckingham Palace just ignored her request based on the monarch's custody law of 1717.

Although the official royal law states the Queen is in charge, she doesn't interfere with the parenting styles of the Duchesses. However, she could if she found it necessary.

So far, there hasn't been any news made public that Queen Elizabeth has objected to anything the Dukes and Duchesses have done to cause the great-grandmother to step in with her own decision. If she isn't pleased with a major decision William and Kate make concerning their children, she could step in. The same thing goes for the Duke and Duchess of Sussex now that they have a son who was born on May 6, 2019.

The Present Day Law

The rule hasn't changed in 300 years. Therefore, the Duke and Duchess of Sussex are not the legal guardians of their own children just as the Duke and Duchess of Cambridge are not legal guardians of their three minor children. More than likely, Queen Elizabeth will not prevent the Duke and Duchess of Sussex from making major decisions about their own son Archie Harrison Mountbatten-Windsor. However, she could if she wanted to do so.

The law still exists on paper today that Queen Elizabeth is the legal guardian of the three minor children of the Duke and Duchess of Cambridge and the one minor child of the Duke and Duchess of Sussex.

The law is still on the books, but it is more of a formality, and is not actually enforced by the Queen of England. When Prince Charles becomes King of England, he will then have legal custody of his grandchildren.

If that law will ever be banned, it will probably happen during his reign, because he knows first hand what it is like to have to ask permission for certain things involving royal children. He had to get permission for his own children when they were minors. For example, Prince Charles had to get permission from his mother to allow Prince William to travel to the United States when he was a teenager in the 1990s.