Board Thread:Show-Related Questions and Answers/@comment-24.128.131.119-20130218041312/@comment-7302713-20130321001235

As far as the outside world is concerned they are both in the wrong. Let's say that according to the outside world Regina doesn't exist and never adopted Henry so she has no rights. According to that same world, Emma gave birth in prison, her parental rights were terminated and her son put up for adoption. Neither of them have a legal leg to stand on here. Emma gave birth to him, Regina raised him and neither is a parent in the eyes of the law. If that adoption is not legitimate then in the eyes of the law he's an orphan, which considering the sheer abundance of family he has is kinda ironic.

Besides, since when does what's legal matter. Storybrook is a place where might makes right. Pre-curse break Regina was mayor and she had the ability to keep Henry away from Emma. Post-curse break no one will enforce that power, and she is unwilling to keep Henry hostage using magic and so Emma has the ability to keep Henry away from Regina. It's all about what you can do and what you're willing to do. When the curse breaks Regina loses the legal and moral justifications she has for keeping Henry away from Emma. Which means that the only options she has left to excercise are Henry's choice and power. And she isn't willing to excercise her power that way.

The sad part is that before the curse breaks Emma doesn't think that Regina loves Henry and so when Henry tries to get away from Regina she facilitates that. Post curse break she believes that Regina loves Henry, but she's also now believes that Regina is the evil queen. Regina has been the evil queen all along and is probably not a dangerous person for Henry to be around but Emma suddenly beomes aware of this and therefore Regina suddenly becomes a threat. It's kinda sad.