Amid multiple claims that Queen Elizabeth has legal custody of all her great-grandchildren, an expert now claims that this is not the case. This applies to Prince William and Kate Middleton’s children, Prince George, Princess Charlotte and Prince Louis, as well as Prince Harry and Meghan’s Baby Archie.

Earlier reports noted that Queen Elizabeth has legal custody of her grandchildren who are minors. This rule, which dates back 300 years ago, also applies to her great-grandchildren.

Royal expert Marlene Koenig explained that the monarch’s claim to guardianship started during King George I’s reign in the early 1700s. “This goes back to King George I, and the law’s never been changed,” she said. “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.

Koenig explained that since nobody has overturned the law since then, it still applies to this day. In fact, back when Prince William and Prince Harry were still minors, Prince Charles had to ask Queen Elizabeth for permission on all things related to parenting his two sons.

Despite Koenig’s claim, however, another royal expert says that Queen Elizabeth has no custodial rights over Kate and Meghan’s children. According to royal editor Joe Little, the centuries-old decree does not pertain to the Queen’s authority over her great-grandchildren today. “This isn’t an Act of Parliament, but a royal prerogative established in the early 18th century, so it is not legally binding,” he explained.

Little added that since there are parents and grandparents who are still alive, the huge support structure in place for the Queen’s great-grandchildren does not warrant Queen Elizabeth’s custody. “It is nothing more than a royal prerogative and is archaic and would have little bearing today,” said Little. “The circumstances would have to be pretty extreme for the Queen to invoke it on behalf of her great-grandchildren,” he added.

Little’s claim debunks all previous reports about Queen Elizabeth’s legal custody of Kate and Meghan’s children. According to him, the times have changed, and the rule on guardianship of young royals has already been replaced by more relaxed restrictions. This means that while the Queen does not have legal authority over her minor great-grandchildren, her input is still crucial when it comes to major parenting decisions.

Royal Family
Members of the Royal Family stand on the balcony of Buckingham Palace to watch a fly-past of aircraft by the Royal Air Force in London on June 9, 2018. DANIEL LEAL-OLIVAS/AFP/Getty Images

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