Why Prince William And Kate Middleton Don't Have Legal Custody Of Their Children

Prince William and Kate Middleton may seem like the perfect parents for Prince George, Princess Charlotte and Prince Louis, but they legally don’t have custody of their own children. Although they’re the biological parents of the three royal kiddos, a 300-year-old royal rule prevents them from having their legal custody.

A royal rule that dates back to 1700 A.D. grants legal custody of minor grandchildren to the king or queen in charge of the monarchy. That means that in the case of Prince George, Princess Charlotte and Prince Louis, Queen Elizabeth has their custody. When Prince Charles becomes king, the custody of his grandchildren becomes his. The same goes for Prince Harry and Meghan Markle’s son, Archie.

“The sovereign has legal custody of the minor grandchildren,” royal historian Marlene Koenig said. “This goes back to King George I and the law’s never been changed. He did it because he had a very poor relationship with his son, the future King George II, so they had this law passed that meant the King was the guardian of his grandchildren,” she added.

Since the law was passed in 1717 and legislated again in 1772, it has not changed. Although the rule is already centuries old, the current monarchy still abides by it in many ways. In fact, even when Prince William and Prince Harry were still young, Prince Charles and Princess Diana did not have full control over the lives of their own children because it was Queen Elizabeth who had their legal custody.

This explains why when the two princes were still young, they could not travel if the Queen did not grant them permission to travel. This same rule is also the reason why custody agreements are not among the issues discussed when a royal couple gets a divorce.

For the sovereign, “custody” refers to having a say in someone’s upbringing, travel and education. The actual law of the monarchy states that if someone has custody of the children, it means that such person is in charge of their “education and care,” “ordering the place of their abode,” “appointing their governors and governesses and “the care and approbation of their marriages.”