A 5-year-old Utah boy who was reported missing and believed to be with his non-custodial father has been located safe, and the father is now facing criminal charges, authorities said.
On Saturday, Dec. 6, the Bountiful City Police Department announced that 5-year-old James Despain had been safely reunited with his family. James was considered potentially in danger after his non-custodial father, Benjamin Despain, did not bring him back following a scheduled visitation.
James’ mother, Natalie, told local outlets ABC affiliate KTVX and NBC affiliate KSL that she went to pick up her son on Tuesday, Dec. 2, about three hours after Benjamin had taken him for a visit, but neither Benjamin nor James was at home.
Natalie, who has full physical and legal custody of James, said Benjamin later emailed her claiming he had taken the boy “away” so he would not have to undergo an adenoid removal surgery that was scheduled for Dec. 4, according to the reports. She told KSL that Benjamin “does not like anything medical” and believes the procedure is unnecessary.
According to police, a protective order and an endangered missing advisory were issued before James was found and returned to his mother on Saturday.
Investigators “worked tirelessly, following every possible lead and working closely with family members to ensure the child’s safe recovery,” the department said.
Benjamin was taken into custody after James was found, and custodial interference charges are pending, police said. He is currently being held at the Davis County Correctional Facility.
“The safety of the child was our top priority, and we appreciate everyone who assisted in bringing this case to a positive conclusion,” authorities added.
