Archie Harrison Mountbatten-Windsor
Prince Harry, Duke of Sussex, and Meghan, Duchess of Sussex, pose with their newborn son, Archie Harrison Mountbatten-Windsor, during a photocall in St George's Hall at Windsor Castle on May 8, 2019, in Windsor, England. Dominic Lipinski - WPA Pool/Getty Images

The christening of Meghan Markle and Prince Harry’s child, Master Archie, pushed through this weekend despite all issues with the date set and the exceedingly high privacy set for the event. This pushed the two royals back into the limelight after a seeming hiatus from publicity after the birth of their son earlier in May. With the plans of the young Master’s parents for the boy blooming left and right, it comes to question — what happens should Prince Harry and Meghan separate?

As much as the Duke and Duchess of Sussex’s relationship is at a good, secure and happy position at the moment, it does not take away the possibility of a separation in the future. Should the unfortunate occur and the two choose to divorce, it puts to question how the custody of Master Archie and any future children of the two would work.

In a normal divorce, parents will have to legally battle and work out an agreement for the custody of their children. However, custody works vastly different for royal couples. According to a law in 1717, the reigning monarch’s “right of supervision extended to his grandchildren and this right of right belongs to His Majesty, King of the Realm, even during their father’s lifetime.” As such, the sovereign and future reigning sovereigns legally have custody over their grandchildren.

“The sovereign has legal custody of the minor grandchildren,” said royal expert Marlene Koenig. “This goes back to King George I [who ruled in the early 1700s], and the law’s never been changed,” she added.

If the royal couple decides to divorce, Meghan may be free to move wherever she wishes to, but the children need the permission of the Crown to move around. This was the selfsame problem that Princess Diana faced when she divorced Prince Charles. According to sources, Diana had not seen her children for almost a month before her tragic passing.

The Queen, however, is very unlikely to simply pluck her grandchildren and great-grandchildren away from their parents. “I would doubt that the Queen would interfere,” Koenig said. “It's more of a formality … I think the Queen has let her children raise their kids.”

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