Charlie Gard’s parents returned to the U.K. High Court Tuesday for a hearing to decide whether they can take their son home to die.

Chris Gard and Connie Yates returned to the court at 9:00 a.m. EST for a hearing to decide the end of life care for their son, and whether Gard may go home with his parents or must remain at the hospital, according to Reuters.

The Great Ormond Street Hospital, where Gard has been since October, initially refused the parent’s request to take Gard home to die when the court first ruled Gard should be taken off life support.

Chris Gard said he and Yates would be together with their son for his last moments, and that they were sorry they could not save him in statement given outside the court Monday, according to BBC.

“We are now going to spend our last precious moments with our son Charlie, who unfortunately won’t make his first birthday in just under two weeks’ time,” Chris Gard said. “Mummy and Daddy love you so much Charlie, we always have and we always will and we are so sorry that we couldn’t save you.”

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