Smileless, I apologised for speaking plainly at the outset of my post as I did not want to cause hurt or distress to anyone reading. I am sorry that I have offended you. Perhaps if I clarify a few things that have confused you, you will look at my thoughts differently.
I do not have a ‘bias’ against estranged grandparents. I have represented both estranged grandparents and the adult children in numerous cases. I have always undertaken in good faith to be fully honest with my clients about their prospects of success, to consider every possible method of resolving their family disputes, and to never mislead them about their chances of success. It is easy to smile and promise your clients the earth, amd then take their money whilst knowing they are barking up a gum tree. I consider this grossly unethical, and have never done it. Perhaps I sound a little more strident in writing than I do in person, which I apologise, but I do not lie. I also am not estranged from any person in my family circle. Please do not impute a bias to my words that is not there; I have no personal dog in this fight at all.
What I do have (as with your brother) is a work history as a family lawyer in a specialist family law practice (not in England). I gave up several years ago to have children. I saw on a daily basis people in terrible emotional and often financial predicaments, and I did my best to help them. Some of these people were involved inestrangements between adult family members.
If there was a sharp note in my post when I spoke about ‘poor advice’, it is a hangover from these times. A continual problem I faced was that desperate (and by the time they are paying to see a lawyer, they are desperate) people would be given hopefully well meant advice by friends, facebook, and internet forums about legal routes to solve their problems that at best were wildly inappropriate to my client’s situation, and in some instances were quite difficult to take at face value.
(I don’t speak only of grandparents groups here either; the forums for divorcing mothers with care of minor children and groups for estranged fathers continually sent clients to me with goals that were frankly not possible and often in contravention of the law. It was difficult to persuade clients who had been convinced by a story about a friend of a friend that they were unequivocally in the right of the benefits of mediation. Mediation is not in any way an easy option. Some people are not ready, at the point of legal consultation, to do the hard work that mediation involves from all parties. It is however better to break off a difficult mediation and leave the door cracked open for a future attempt than to proceed headlong in adversarial litigation that from the client’s perspective, is doomed to fail.)
It was left to me to deliver, as gently as possible, the blow: what my client had been told was at best highly improbable and at worst simply not possible - the number of people who came to me with the wind in their sails about a ‘change in the law’ that was no more than newspaper scuttlebutt was deeply sad. They spoke of “never giving up” and “a mother’s rights” in the face of being threatened with harassment proceedings. (The law as we know does not give one’s mother any more leeway to harass one than it gives to one’s ex partner.) I was left to explain to these unfortunate folk that their commitment to trying to contact their estranged family members was about to start getting them into some pretty serious hot water. This is not a pleasant conversation to have.
I did not enjoy these cases in the slightest. (I refer to all files opened for a client as their ‘case’ - due to cost and honestly, generally poor prospects of success, we were reluctant to litigate unless the client insisted or we felt they at least had a fighting chance. Most of our cases ended well in the pre litigation stage.
Some, I am pleased to say, at least produced after much time and effort, a path to some sort of relationship or at least phonecalls and cards. But this I will say: I have no idea whether my experience is representative, but no client in estrangement type situations ever came to me with clean hands. They came with a story that at many points could have been handled differently by one or indeed both parties.
And now they were at the point of lawyers, and I tried to help them as best I could before things became irreparable in this life.
I will say that the cases where there were children (estrangement, divorce, contact, care proceedings, the whole spectrum) I never saw a child older than about three or four who was not aware of and affected by what was going on. I do not assign blame here. As I say, I have no dog in this fight. I represented all my clients with the same commitment to help them regardless of their situation. Most (sadly not all) were normal people with reasonable intentions who had had events get away from them. It can happen to anyone. You do not see the best of your clients in family law; they are understandably not on their best behaviour.
But I stand by this; I never once, myself or in my firm, saw a case where actually proceeding to litigation for an order for contact against the parents’ wishes (which is what I mean by forced contact; it is contact the parents would not otherwise have granted) did not completely nuke the hope of any actual relationship amongst the adult parties.
And to speak very frankly, if the parent(s) with whom the child resides do not want the child to go to contact, the child will not go and there is damnably little chance of enforcing the contact order. Even if you are the child’s other parent.
Again, whilst this may be unpalatable, it does not make it untrue. I was never in the business of giving people unrealistic or unreasonable false hope, and this is why (speaking I did generally aside from OP’s tale) I wanted to sound a note of caution.