King Charles Could Use a Secret Law to Gain Custody of Archie and Lilibet and Bring Them to the UK
King Charles has not seen Prince Archie and Princess Lilibet since June 2022. The monarch met Lilibet for the first time when Prince Harry brought her and Archie along for the late Queen’s Platinum Jubilee. Amid rumors that the King misses his grandchildren, a new report suggests that Charles could leverage an age-old law to gain custody of the children and bring them back to the UK. It also speculates that Meghan Markle may be aware of the law and is allegedly taking precautions to avoid the same.
Despite Harry’s interest in bringing his children to the UK, Markle is reportedly wary of exposing Archie and Lilibet to royal life. John McEntee, author of the Daily Mail’s Ephraim Hardcastle, wrote, "Maybe she [Markle] is aware of King George I's 1717 edict. His relationship with his heir was strained, and he commissioned The Grand Opinion for the Prerogative Concerning the Royal Family." He explained, "The judicial ruling gave the monarch custody of all royal grandchildren. Whether it is still enforceable would keep the lawyers busy for a while, but Meg might think it's better to be safe than sorry." The author alleged that there is no sign of Markle wanting to bury the hatchet and take her children to the UK.
Royal expert Marlene Keonig explained that the law was introduced by King George I in 1717. She told The Independent, "I believe it came about when the Prince of Wales [George II] did not want to have the godparent for his son that his father wanted, so George I got Parliament to come up with something."
An annual register from 1772 also explains the regal ruling. It mentions that, at the time, the opinion of 10 judges, in the year 1717, was a confirmation of the legality of this prerogative, which admitted the King’s right to the care of the marriage and education of the children of the royal family.
However, questions have been raised on whether the law still stands in modern day. London-based OTS Solicitors explained that, while it is a royal prerogative, it likely does not trump current legislation regarding parental responsibility, custody, and children’s rights, in the Children Act 1989. The Act grants parents primary authority and responsibility over their children and their property. It covers key decisions about a child’s upbringing, including education, medical care, and protection.
While it remains unclear whether Charles has the power to enforce this rule, he won't need it, considering Harry has signalled his interest in bringing his children to the UK. When asked by The Guardian if he would consider it, the Duke replied, "Yes, I would. This week has definitely brought that closer," referring to his reunion with Charles in September. Interestingly, back in May, Harry sang a different tune, telling the BBC that he doesn’t "see a world in which [he] would be bringing [his] wife and children back to the UK."