Podcast 95 – Should Thomas Markle get Court ordered access to Meghan and Harry's children?

07/24/21 • 5 min

In an interview with US Fox News this past week, Thomas said that he would be petitioning the Californian Courts for rights to see his grandchildren in the very near future. So do you think that Thomas should petition the Court for some access with his grandkids? And if he does, is he likely to be successful?

According to an article in US Weekly in the opinion of celebrity divorce attorney Mark Gross, Thomas would be unlikely to win his petition for visitation with Archie and Lili under Californian Law. Mr. Gross told US weekly that whether or not the Californian Courts will grant Thomas visitation would depend of the closeness between the grandparent and their grandchild. Mr. Gross argues, that without this established relationship between Thomas and his grandchildren his petition could be unsuccessful.

Here in Ontario in Canada, the best interest of the child is the overarching test when it comes to decisions affecting children. In terms of grandparent access the lower courts have developed two competing views:

1 A pro-contact approach

2 A parental autonomy approach (this view has support from the Ontario Court of Appeal)

The parental autonomy approach can be challenged. A grandparent can still ask a Court to make an order for access in Ontario, even though the child’s parents are saying no. However, similar to the law in California, a grandparent would have to show the court that they have a positive and pre-existing relationship with the grandchild; and the parent’s decision to deny access to the grandparent imperils this positive relationship; and the parent has acted arbitrarily in denying access.

Under Ontario law Thomas’s own actions could be his downfall. Thomas's continued airing of his grievances about Meghan and Harry and his denigration of their parenting skills before the world press, would be unlikely to reassure an Ontario Court that Thomas is considering the children’s best interests ahead of his own. Also, a Court might not want to grant access to a grandparent when when doing so could subject the child to conflict. Thomas has in the past thrown insults at both Harry and Meghan. Even in his Fox Interview this past week Thomas call Meghan and Harry ‘bad’ parents claiming that they had made mistakes in raising Archie and Lili.

US Attorney Mark Gross told US Weekly that these issues are also problematic under Californian Law.

One can image a Court worrying that if they did grant access visits to Thomas would he then parade them on the TV or take photos and sell them to the world’s media?

These cases are never easy and I am sure the judges hate having to decide them, especially those judges who are grandparents themselves. Many a judge has tried to persuade the parties in such cases into mediation or some sort of therapeutic counselling knowing that a Court case is really going to make an unfortunate situation much worse.

Let me know what you think - Should Thomas be given Court ordered access to his grandkids?

Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili. You can reach out to me through my blog at https://www.kindthoughtsformeghanmarkle.com/

Show written and produced by Jeanette Songolo.
Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili and in the meantime watch out for other posts on all things Sussex on my blog at https://www.kindthoughtsformeghanmarkle.com/

1 A pro-contact approach

2 A parental autonomy approach (this view has support from the Ontario Court of Appeal)

US Attorney Mark Gross told US Weekly that these issues are also problematic under Californian Law.

One can image a Court worrying that if they did grant access visits to Thomas would he then parade them on the TV or take photos and sell them to the world’s media?

Let me know what you think - Should Thomas be given Court ordered access to his grandkids?

Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili. You can reach out to me through my blog at https://www.kindthoughtsformeghanmarkle.com/

Previous Episode

Podcast 94 – Prince Harry’s memoir - an ideal 2022 Christmas Gift for Royal fans.

I was just saying last time how quiet things were in terms of Meghan and Harry lives and then out of the blue came the news that Random House will be publishing Harry’s memoir, with the anticipated release date of the book in late 2022 - just in time for Christmas.

It seem that Harry and the publishers did not intend to release news of the book just yet. The announcement appears to have been forced upon them after The New York Post got wind of the project.
The book has already caused a stir, with some newspapers reporting that this is Harry’s chance to tell his side of the story, and others already accusing Harry of preparing to drop more bombshells that will embarrass the UK Royal Family.

For Harry’s part he released a news story through his and Meghan’s Archewell website under a heading "Prince Harry to Author Book Reflecting on Lessons Learned Throughout His Life."

Alongside a description of his book is a statement from Harry in which he says “I’m writing this not as the prince I was born but as the man I have become. I’ve worn many hats over the years, both literally and figuratively, and my hope is that in telling my story—the highs and lows, the mistakes, the lessons learned—I can help show that no matter where we come from, we have more in common than we think. I’m deeply grateful for the opportunity to share what I’ve learned over the course of my life so far and excited for people to read a firsthand account of my life that’s accurate and wholly truthful.”

The press releases did not say that Harry has written the book himself. Some news outlets are reporting that Harry is getting some help from J R Moehringer, a Pulitzer-winning former journalist with the LA Times and now author. This has not been confirmed nor denied at this time.

Harry is taking heat for seemingly wanting to have privacy in his life but then being willing to tell us lots of intimate details. One Royal commentator, already fearing that Harry will release more bombshells in his book, has labelled Harry a traitor to the monarchy and to his family.

How intimate the book will be remains to be seen. What we do know is that between now and when the book is released the press will have a field day speculating about what will or won’t be in the book. And once it is published, every little bit of it will be micro-analysed.

It was good to hear proceeds from the book will be donated to charity. The press releases did not say that all of the proceeds will go to charity. However, even if only a fraction of the proceeds are donated, it is sure to net a tidy sum that non-profits and charities around the world so desperately need.
Don’t forget to subscribe to this podcast and you can read other stories and reach out to me through my blog at https://www.kindthoughtsformeghanmarkle.com/

Next Episode

Podcast 96 – Meghan Markle turns 40 – Happy Birthday Meghan!

A very happy birthday to Meghan Markle who is turning 40. The world’s media has been obsessively speculating about Meghan’s and Harry’s plans to mark this milestone birthday. "Close sources" have reported many varied birthday plans with various media outlets suggesting they have the inside scope. Basically, the press don’t really know what Meghan is planning for her birthday celebration and gosh how they hate that!
However she is choosing to celebrate, let’s wish her a joyful and a stress free birthday. I for one hope that she is spoilt rotten on what is her day.

Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili. You can reach out to me through my blog at https://www.kindthoughtsformeghanmarkle.com/