A Utah man without custody of his 5-year-old son was charged with custodial interference after he allegedly took the boy to prevent him from having routine surgery.
James Despain, 5, was found safe on Dec. 6, two days after his mother reported him missing when he was not returned following a scheduled visitation with his father, 45-year-old Benjamin Despain. The Bountiful Police Department said in a press release that Despain did not have custody and failed to bring James back to his mother after their visit. According to court documents obtained by KSL, Despain emailed James’ mother claiming he had taken their son “away” to keep him from undergoing surgery.
James’ mother, publicly identified only as Natalie, told KSL she went to pick up her son on Dec. 2 after his visitation with Despain. When she arrived, neither of them was there. Shortly after, she received an email from Despain saying he had taken James “away” and would contact her later in the week.
Natalie said James was scheduled to have his adenoids removed on Dec. 4. The procedure is a common and routine surgery for children, but according to her, Despain “does not like anything medical” and believed the surgery was unnecessary.
In an interview with KTVX before James was found, Natalie said Despain had a history of domestic violence and mental illness. She worried about his mental state and believed he may have taken James to Idaho or Montana.
Police announced on Dec. 6 that James had been found safe and Despain was taken into custody. He was booked into the Davis County Correctional Facility, though his name did not appear on the inmate roster on Thursday. A protective order was filed Tuesday by Farmington 2nd District Court against Despain.
Despain was charged with custodial interference, a misdemeanor.
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