Last night a private jet was expected to take the boy to Prague for proton beam radiotherapy therapy to treat his brain tumour.
In an emergency hearing via telephone conference with London's High Court, the international legal tug-of-war ended with Mr Justice Baker allowing Ashya's parents Brett and Naghmeh King to take the next step in the race to get him life-saving treatment.
"They never want to go back after this," he added. "It's been a nightmare." The family were said to be ecstatic that their "nightmare" was finally over.
A review into the authorities role in the affair was last night ordered by Portsmouth Local Safeguarding Children Board (LSCB) who said it would be examining "all the actions involved" in the case.
"The review will look at all the actions involved and the findings will be made public," it said.
The five-year-old brain tumour patient, who his father says has just four months to live,was whisked away from Southampton General Hospital by Mr and Mrs King last week after they disagreed with medical advice.
As a result the couple were arrested on an international arrest warrant on suspicion of child cruelty and faced extradition proceedings until the Prime Minister stepped in and a public backlash saw the charges dropped.
They were released from a Spanish prison without charge four days later following the manhunt.
A source at the Materno-Infantil Hospital, where he has been receiving treatment since his parents were arrested a week ago, said: "The parents of Ashya King have asked us to transfer his care. We have to assess it based on what the British authorities decide and we are in talks over it.".
Mrs King has been keeping a bedside vigil at the hospital in Malaga.
Their lawyer Juan Isidro Fernandez Diaz said: “We’ve got a private jet virtually ready to take Ashya out of hospital.
“Everything is almost in place should we want to move him.
“The parents have committed no crime and they’re the ones with Ashya’s custody.”
Ashya was made a ward of the court on August 29 at the request of Portsmouth Council as they hunted the family across the continent, meaning the High Court had to grant permission before he could be moved.
Council leader Donna Jones said that status would end once he was admitted to the Proton Therapy Center in Prague.
A hearing at the high court on Monday will explain Mr Justice Baker's decision to return Ashya's guardianship to his parents, the Judicial Studies Board said.
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