What Happens if Meghan Markle and Prince Harry Get Into a CUSTODY Battle

WAN NEWS
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Sep 1, 2026
Megyn Kelly is joined by Mark Eiglarsh and Jonna Spilbor, hosts of “Positively Legal” on MK True Crime, to discuss what happens in a potential child custody battle between Meghan Markle and Prince Harry, why Harry has the upper hand now, and more.
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Video Summary
AI GeneratedThe discussion centers on reports and rumors regarding a potential divorce between Prince Harry and Meghan Markle. The speakers analyze claims of physical separation, the couple's reported move back to the UK, and the legal implications regarding child custody jurisdiction between California and the United Kingdom.
Got to talk about the possibility of a Harry-Meghan divorce.
So when I first heard musings that there was a real possibility, it was Lady C who was on
Maureen Callaghan's show, was reporting that she had heard there's another woman that Harry is
having either an actual affair or an emotional affair with, unconfirmed and I'm sure denied,
but that this Lady C is part of the royal family or was distant, but she's cool and
she's interesting and she's got some interesting reporting on these two and everybody royal.
Anyway, that was something I said, I have no idea whether it's true.
I buy it, but I have no idea whether in fact it's happening.
Then comes the announcement of the reverse Mexit and Dan Wooten, who I trust implicitly
because he's a real reporter, he's got actual royal sources, he broke Mexit that they were
leaving and he broke many other details about these two.
He comes out and then Alison Boshoff, who writes for the Daily Mail,
who's also got very, very solid sources.
So take a listen to Dan and Alison and this report from the other day, SOT 33.
Boshoff also revealed sources close to the couple have confirmed the physical separation
is very much on, is very much long term.
We all know this is the beginning of the end.
So how long are the kids going to be in these schools?
And the friends said, well, yeah, this is the duration.
This is until Archie and Linda finish school.
So I'm like, well, okay, this is 15 years then.
And I said, well, what about Megan?
And a friend said to me, oh, well, Megan's already plotting out in her diary when she's
going to be in the UK and which week she's going to need to be in California.
And they're all going to spend the holidays in California.
So they'll still really be Californian in some way.
And I thought, okay, so what this is, as you say, as you correctly said, and you called it,
is this is Harry and the kids are now basing themselves in the UK.
And Megan will be traveling internationally.
Okay, one more.
Rob Shooter, who's also got good royal sources, reports the marriage is in deeper trouble than
anyone realizes.
He reports that insiders say, forget the mansion, the money and the royal titles.
The real war will be over Archie and Lilibet.
Publicly, they remain married.
Neither has announced a separation.
But sources claim that privately, the relationship has deteriorated dramatically,
with Megan increasingly convinced there is nothing left to save.
Harry may still be looking for a way back.
But Megan is not, a source tells Naughty But Nice.
That's his substack in which he reports they the couple, you know, reportedly is telling
everybody that they're as happy as can be.
And, you know, not this isn't about that and so on.
But it does raise an interesting issue.
Yeah, go ahead, Mark.
Sorry, I have to interrupt.
And I wouldn't normally ask this question because I'm asking it at my own peril since
you selected this topic.
But I'm sure there's a few other listeners like myself who are wondering, who gives a
----?
Why do we care about Harry and the wife's divorce?
I don't care.
Why do we care?
Tell me.
Tell me why.
Because you're on the show.
We have a practice of studying sociopaths.
And we definitely believe that she is.
Is that what it is?
Yeah.
Sorry.
She makes crappy.
Yes, that's our.
Yeah.
So we're talking about them.
They helped kill the queen.
Mark.
No, I don't like her.
She helped hasten the queen's death.
Prince Philip, her husband's death.
She blew up a very nice family that was that we had troubles.
I mean, they had some dysfunction, but she blew it up.
She stole a prince.
She takes no responsibility for anything she's done.
And then every time she gets called out for a bad behavior, she plays the race card.
So no, I don't like to watch suits.
She was good in suits.
No.
I saw a little suits involuntarily because my children actually thought it was a good job.
Mark, you need to listen to the nerve.
And I can see she was actually kind of decent.
For those.
She should have stopped doing that.
For those like you and Jonna, who really want to give it to her.
Go right ahead.
You need to listen to the nerve with our friend.
Exactly.
And you'll be into this topic.
You're talking yourself right out of this segment, Mark Iglesias.
Jonna, my question to you.
There we go.
So if these two actually were to split, this actually does raise a very interesting question
now, because had they split, you know, a week ago when everybody was still living in California,
I think we all would have understood California law would apply.
And presumably there'd be a favor, a presumption given that the children should stay in California
and not go to the UK where Archie was born.
But Lilibet wasn't born and they haven't been raised there.
But now they're both getting enrolled in UK school, at least for now.
Reportedly, both parents are moving to the UK, though they're keeping that Montecito
Mansion and you heard Dan Wooten and Allison's reporting.
And so if this thing breaks up in a year or even two years, what happens then with the
custody of those children?
So if it's a fight, it is going to be a problem because the very oversimplified rule is jurisdiction
follows the kids.
And in order to establish jurisdiction, when you're talking about child custody, it generally
has to be for a period of six months.
So when clients call me, for example, and they're fixing to file for divorce and they
want to know these questions like, where are we going to file this?
What do I do now?
Well, if you're planning to, some people will leave the house, like they haven't filed anything,
but they might physically separate.
If you physically separate, you better take the kids with you and they better stay under
your roof for six months because that's where you're going to end up filing for custody
if that's the case.
And it sounds like, based on your reporting and the reporting of others, that the jurisdiction
is going to be in the UK, which maybe they're agreeing to, so it won't be a fight.
But if it is, that's where Meghan Markle is going to be having her custody battle.
I agree with you.
I think it's going to be the UK.
I think agreeing to go over there, if there's anything happening between these two as approaching
the end of the marriage, is a mistake on her part.
It's a mistake to let the children go there unless she wants to get stuck going there.
I give you the case of Kelly Rutherford, who starred on Gossip Girl.
She got married.
She had her child in LA, her second child in LA, but she was married to a German dude.
When they separated, they tried to do 50-50 custody.
Long story short, his visa was revoked and he had to stay in Monaco.
And after all this legal wrangling, she had to move to Monaco.
She had to move there.
She said she didn't have the money and so on.
It was a nightmare that went on for her in the legal courts.
If they're separating, Meghan Markle needs to stay here with the children.
I hope they're doing well.
I wish them the very best.
And I hope the kids- No one cares what you think.
And I hope the kids are doing well too.
I gotta go.
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