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Ashya King parents in extradition hearing Ashya King parents to be kept in custody in Spain
(35 minutes later)
The parents of a five-year-old boy who was taken from hospital against medical advice are appearing in court in Spain. A High Court judge at an extradition hearing in Spain has ruled the parents of Ashya King are to be kept in police custody for a maximum of 72 hours.
Ashya King, who has a brain tumour, was removed from Southampton General Hospital on Thursday afternoon, sparking an international search, amid fears for his health. The couple, who took the five-year-old from hospital in Southampton against medical advice, are fighting moves to return them to the UK.
He was found with his family in Spain on Saturday and is now in hospital. Ashya, who has a brain tumour, was removed from a ward on Thursday, sparking an international search.
Ashya's eldest brother Danny King, 23, has told the BBC he will be allowed to visit him on Monday afternoon. Brett and Naghemeh King appeared at Madrid's High Court.
The court appearance was the first stage of the extradition process.
Ashya was found with his family in Malaga on Saturday and is now in hospital.
His eldest brother Danny King, 23, told the BBC he will be allowed to visit him on Monday afternoon.
He said until now the five-year-old's siblings have not been allowed to visit him in his private room in Malaga, which is under police guard.He said until now the five-year-old's siblings have not been allowed to visit him in his private room in Malaga, which is under police guard.
Danny King said they have found it incredibly difficult not being able to see the little boy.Danny King said they have found it incredibly difficult not being able to see the little boy.
"They did allow a voice recording that was set-up to be played to Ashya... I'm grateful that the doctors appreciate how important it is for Ashya just to hear the voice of one of his brothers," he said."They did allow a voice recording that was set-up to be played to Ashya... I'm grateful that the doctors appreciate how important it is for Ashya just to hear the voice of one of his brothers," he said.
A Downing Street spokesman said the priority should be for Ashya to receive "the very best medical care".A Downing Street spokesman said the priority should be for Ashya to receive "the very best medical care".
He said it was an understandable parental instinct to want to do the best for your child and understandable that relevant authorities with responsibility for the welfare of children should also take an interest in such a case.He said it was an understandable parental instinct to want to do the best for your child and understandable that relevant authorities with responsibility for the welfare of children should also take an interest in such a case.
The spokesman added: "People will understand and be worried by the grave illness that Ashya is suffering."The spokesman added: "People will understand and be worried by the grave illness that Ashya is suffering."
Brett and Naghemeh King arrived at Madrid's High Court on Monday morning for the first stage of their extradition to the UK.
Mr and Mrs King were arrested on Saturday when the family was found in Malaga.Mr and Mrs King were arrested on Saturday when the family was found in Malaga.
Proton beam therapyProton beam therapy
Ashya was taken to a children's hospital in the city, where he remains. He has been moved from a high dependency to a general ward.Ashya was taken to a children's hospital in the city, where he remains. He has been moved from a high dependency to a general ward.
A spokesman for the hospital said his condition was stable.A spokesman for the hospital said his condition was stable.
In a video on YouTube, Ashya's brother, Naveed King, said his parents ensured Ashya had the same resources available to him as in hospital when they took him to Spain.In a video on YouTube, Ashya's brother, Naveed King, said his parents ensured Ashya had the same resources available to him as in hospital when they took him to Spain.
Mr King said in an earlier video posted that the family wanted to seek proton beam therapy for Ashya - a cancer treatment that the NHS would not provide.Mr King said in an earlier video posted that the family wanted to seek proton beam therapy for Ashya - a cancer treatment that the NHS would not provide.
It is understood they travelled to Spain, where they had a holiday home, to sell the property and release funds to pay for the treatment in the Czech Republic.It is understood they travelled to Spain, where they had a holiday home, to sell the property and release funds to pay for the treatment in the Czech Republic.
Mr and Mrs King have not been charged with any offence in Spain.Mr and Mrs King have not been charged with any offence in Spain.
A spokesman for Hampshire Constabulary said its officers in Spain had not interviewed the Kings and were not there to arrest them - they were there to deal with technical aspects of the arrest warrant.A spokesman for Hampshire Constabulary said its officers in Spain had not interviewed the Kings and were not there to arrest them - they were there to deal with technical aspects of the arrest warrant.
On Sunday, Assistant Chief Constable Chris Shead refused to apologise for the way officers conducted their search for the family. He said medical advice was that Ashya had been in "grave danger".On Sunday, Assistant Chief Constable Chris Shead refused to apologise for the way officers conducted their search for the family. He said medical advice was that Ashya had been in "grave danger".
The charity Cancer Research UK says proton beam treatment is available on the NHS in the UK only for eye conditions.The charity Cancer Research UK says proton beam treatment is available on the NHS in the UK only for eye conditions.
The NHS said the medical treatment costs around £100,000, but the figure is based on sending someone to the US.The NHS said the medical treatment costs around £100,000, but the figure is based on sending someone to the US.
There are also numerous centres providing this treatment in Europe where the treatment can cost less than £20,000.There are also numerous centres providing this treatment in Europe where the treatment can cost less than £20,000.
BBC Madrid Correspondent Tom Burridge Nick Triggle, BBC Health Correspondent
What we expect to happen is that the parents of Ashya King appear in front of a Spanish judge who should ask them if they accept their extradition to the UK. It is perfectly possible to challenge medical advice. One of the most important principles of healthcare is that the patient must consent to treatment.
If they say yes then they could be back in Britain within 48 hours and would be escorted back by police from the Hampshire force. Anyone aged 16 and over can refuse treatment if they wish unless they are deemed not to have the ability to do so under the Mental Capacity Act.
If they say no, another court hearing would be expected in a matter of weeks or even months and the judge would have to decide if they should be granted bail or kept in Spanish police custody. For children under that age, additional consent from a person with parental responsibility is required unless the patient has enough understanding and intelligence to fully appreciate what is involved in their treatment.
There is nothing to suggest that they broke any law when they took their son from the hospital in Southampton on Thursday afternoon. If the person with parental responsibility refuses treatment and doctors believe that decision could lead to death or severe permanent injury an application can be made to the court of protection to overrule them.
When it comes to wanting treatment that is not being offered, it is less clear cut.
Patients do not have an automatic right to a second opinion although most hospitals will give them one.
Many also have ethical committees - or similar groups - that will consider individual cases when treatment options are disputed. Beyond that patients can - and have in the past - applied for a judicial review.