Regulation 10(5)(d)(iii) of the 2006 Regulation

[philemon_bodiba]

Hello

Regulation 10(5)(d)(iii) of the 2006 Regulations makes provision for the following:
If the non-EEA national has a right of access, ordered by a court, to a child residing in the UK then they will retain a right of residence in order to make use of this access right.

AND

Rule 248a 'Right of access to a child in the UK' states that: A sworn statement from the child’s other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child will also do.

Now my question is - To make an application under Regulation 10(5) can the statement from the other parent work as much as a court order would?

Thanks...