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Daily Mirror
Daily Mirror
National
Kelly-Ann Mills & Courtney Pochin

Meghan Markle and Prince Harry don't have full legal custody of baby Archie

They only welcomed their first child into the world a few days ago, but new parents Prince Harry and Meghan Markle don't technically have custody of their baby, thanks to a long-standing law.

According to royal expert Marlene Koenig, even second-in-line to the throne Prince William and wife Kate Middleton don't legally have full custody of their three children - Prince George, Princess Charlotte and Prince Louis.

This is because the family has an agreement with the Queen, which means she is granted full legal custody over all minor royals.

Koenig further explained the rule to the Sun Online.

She said: "The sovereign has legal custody of the minor grandchildren.

The Queen is said to have custody of all minor grandchildren (AFP/Getty Images)
The new parents with their baby, Archie Harrison Mountbatten-Windsor (PA)

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"Legislation passed during the reign of George I. It was known as The Grand Opinion for the Prerogative Concerning the Royal Family and it was about the King’s control over the education, the raising and the marriage of his grandchildren.

"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."

The law dates back more than 300 years to 1717, a time when the 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".

The Queen also had full custody of William and Harry when they were younger.

This fact first came to light when Prince Charles and Princess Diana got divorced in 1996.

Princes George and Louis and Princess Charlotte remain in the Queen's custody (WireImage)

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In the couple's divorce agreement there was no mention of custody arrangements for the children, despite arrangements being made.

This was because neither parent had full custody, instead this belonged to the Queen.

This meant Charles and Diana had to get the Queen's permission before doing simple things with their children, such as going on holiday.

Koenig confirmed that the rule still exists today and "technically" the parents need the Queen's permission to take their children out of the country.

She added that despite this, the Queen is respectful of the wishes of the parents and wouldn't push her views upon them.

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