Parent access rights Visa

[Edu27]

Good evening.
I wish you guys could help me if possible. I applied for a visa to access child but my request was refused for the following reasons, I have not proved that my child is a permanent resident in the UK. My son was born in England and lived there for 2 years and 3 months when we came to Brazil where he lived for 10 months and returned to England with his mother. He and his mother are from slovakia. He attends nursery and is already registered for the primary school in 2013. I do not have attached these information in my application before. So, you guys think that would change anything with this information? I read something about sworn affidavit but do not know how and where to do it, any advice? The mother of my child said she may do that if necessary. I resided in England for few years without a visa and left the country in 2010, this interferes something in the process? When I applied before I reported about it but they have not mentioned anything about it as reason to deny my visa.
I did not appealed, and am thinking of applying for the visa again. But I heard that if they do not have 5 years of residence the visa will be denied once again that's true?
Any advice will be welcome.

Thanks for the attention.

[Edu27]

I forgot... Anyone knows if I can apply for a visa by the EEA rules as a parent exercising access rights?

[Obie]

Please continue here.