Ashya King's parents have in the last few minutes been taken away from the Malaga police station where they had been held since yesterday to a local court.
Brett and Naghemeh King will appear before a judge, but it has not been confirmed what offence they will be charged with.
The head of the police force which applied for a European Arrest warrant against the parents of Ashya King has now urged their release.
A British mother whose son's life was saved by proton therapy has told ITV that she defied NHS doctors' advice to pursue the treatment.
The parents of Ashya King said they took him out of a hospital to seek proton beam treatment which is not available under the NHS.