'Everyone involved is going to keep on fighting': Battle Continues to Keep UK Toddler Alive

Photo Credit: Thomas Evans‎ / Alfies Army Official via Facebook

The parents of a toddler on life support in a UK hospital continue to fight for his care. They applied to the Supreme Court to appeal a ruling that their son, Alfie Evans, should be taken off life support.

"We are hopeful that that motion will be granted, and the Supreme Court will hear it amiably," Roger Kiska, legal counsel at Christian Legal Centre which is representing the parents, told CBN News.

Tom Evans, 21, and Kate James, 20, say Alfie is improving, and they want to take Alfie to a hospital in Italy for medical treatment. The 23-month-old boy has an undiagnosed brain disease, according to reports.

The Court of Appeal ruled against the parents Monday, saying they could not take their son to another hospital. He currently is on life support at Liverpool's Alder Hey Children's Hospital which is part of the UK's National Health Service Foundation Trust.

The Supreme Court confirmed the couple's application to appeal, saying, "They wish to challenge the decision that Alder Hey children's NHS foundation trust can withdraw artificial ventilation from their child," according to The Guardian. 

In February, Mr. Justice Hayden of the High Court ruled that whatever was causing Alfie's condition, the damage to the toddler's brain was so severe that it was in his best interest to be taken off life support.

The Court of Appeal, the Supreme Court and the European Court of Human Rights have upheld that decision.

"The position of Christian Legal Centre really reflects the position of the parents that they don't believe that a judge has a right to determine a motion of habeas corpus on the basis that he believes it's in the best interest of a child to end their life," Kiska said.

"Tom and Kate don't believe this; they believe that as parents they should have the right to travel abroad where they've been offered medical treatment, an offer up that's willing and able to treat him," he continued.

"Clearly we believe that given the video evidence that he is improving that it would be in his best interest to seek this treatment abroad," Kiska added.

According to the British Library, the Habeas Corpus Act of 1679 makes sure "that no one can be imprisoned unlawfully."

Alfie's father posted on Facebook a photo of his son with his eyes open Monday.

"Just came into Alfie after my interview and this is what he is telling the world the judges the drs the trolls he's fighting not dying, he's undiagnosed not terminal, HE HAS NOT GOT MITOCHONDRIAL!!!!!" Tom Evans exclaimed alongside the photo.

"We fight Alf just like you, whenever you show us your done we will stop Alf but while you continue to lead us through the storm we will hold your hand all the way through it," he continued.

A spokesman for Alder Hey said, according to The Guardian, "The supreme court will now consider the application for permission to appeal the decision of the court of appeal. Our priority is to continue providing Alfie with the best care possible." 

"They just simply want a fair hearing at the Supreme Court," Kiska told CBN News. "They want the video evidence introduced that he has been improving, and basically really all they want is a chance to have him get the treatment that's being offered to him abroad."

"We've been hopeful throughout, A, in the sense that the odds have always been against us," he continued. "Alfie's been a fighter; if you look at the videos, he's a fighter; he continues to fight." 

"He's a chip off the old block in the sense that Tom and Kate have never given up on him," Kiska added.

"We believe in miracles – 3,000 people coming out Thursday night... was a miracle on its own," the Christian Legal Centre attorney said, referring to a protest outside the hospital in support of Alfie. 

"And we're not gonna give up hope. Everyone involved is going to keep on fighting. Alfie's great; he deserves these efforts," Kiska told CBN News.

And Kiska continues to issue a call for prayer.

"Just for your readers, just to pray for Alfie, to pray for Tom and Kate; these are clearly difficult times," he said. "Even from today it's clear that Alfie continues to fight, and so those fighting on his behalf will continue as earnestly as we have been."