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.
Ashya King's parents told the Daily Mail they fled the UK after being told NHS treatments would leave him with life-long disabilities.
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.