Visitors visa for my philipino partner who has a son with me

[GOURUSRIMAN]

Hi I have a philipino partner. She has given birth to a baby boy in August 2007 i am in the process of obtaining his British passport.I am British. I am not still divorced from my wife who lives in India with my three children. Being british, whether my son can give rights to his philipino mum to come and visit me in U.K. along with him. In the past when i applied for her visitors visa, it was rejected. Do i have any legal avenues to get her a visitors visa in case if she is still denied with a visitors visa.
If the immigration will still not allow my partner to visit me, then can i bring my son on his own, and then, can she apply for a contact order in a british court which would then enable her to visit the child in U.K

[Mr Rusty]

Sir,
What you are asking is not really an immigration question, which I suspect is why you have had no reply. I certainly have no qualifications or experience to advise you about contact orders or family law, but my take on your situation is this:
Your son has the right of abode in the UK, and if you choose to bring him here, that is just a matter of choice. Presumably he also has the right to live in the Phillipines with his mum. As far as I am aware, contact orders are raised in cases where families break up and there is a dispute between the parents, and I would have thought that the courts would take a dim view of what looks like an attempt to circumvent the immigration rules - but you must take qualified legal advice on that.
Even if your partner had not previously been refused, it might be quite difficult for her to get a visa on the grounds of access to the child given that you are not denying access to him, and could presumably take him to the Phillipines for visits. As she has previously been refused, I think the difficulty is increased.
By the way, if you do decide to travel to the UK with him alone, it might be advisable to have a letter from his mother confirming that the child is travelling with her consent. - again, not so much an immigration matter as child protection.

[GOURUSRIMAN]

Dear Mr Rusty thanks for your opinion
I have been quoted else where on the internet that in situations like mine the child's mum can still apply for the contact order since she is being forced to seperate from her child due to immigration department not allowing her on a visitors visa to accompany the child.
If i were to apply for a visitors visa for my phipino partner, if the home office still rejects, then whether the courts doesnot look in to the aspect of father's human rights to spend time with his son.
and if i were to bring the child, whether the child has every right to be with the mum here in england. How does the court view, the Homeoffice decision not to grant a visitors visa, and thus seperating an infant baby from her mum
Since i will not be applying for a settlement visa for the mum, whether the homeoffice will view the case on a sympathatic view and issue a visitors visa
thanks
sriman

[VictoriaS]

I think you should consult a specialist on this, ideally someone with family law and immigration experience.

Victoria