Background: Farmington (Utah) 2nd District Court (Google Maps). Inset: Benjamin Despain (Utah Department of Public Safety).
A Utah man who did not have custody of his 5-year-old son was charged with custodial interference after he allegedly took his son away to keep him from having routine surgery.
James Despain, 5, was found safe on Dec. 6, two days after his mother reported him missing after 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 of his son and did not return the boy to his mother after their visit. According to court documents obtained by local NBC affiliate KSL, Despain sent an email to James' mother to tell her that he allegedly took their son "away" to keep him from having surgery.
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James' mother, who has been identified publicly by her first name Natalie, told KSL that she went to pick up her son from a visitation with Despain on Dec. 2. When she arrived at his home, they were not there. She soon received an email from Despain saying that he had taken James "away" and would be in touch later in the week.
Natalie told KSL that James was scheduled to have his adenoids removed on Dec. 4. Adenoid removal is a routine surgical procedure for children, but according to Natalie, Despain "does not like anything medical" and did not believe the surgery was necessary.
In an interview with local ABC affiliate KTVX before James was found, Natalie said that Despain had a history of domestic violence and mental illness. The mother expressed concern for Despain's mental state and believed that he could have taken James to either Idaho or Montana.
Police announced on Dec. 6 that James was found safe and Despain was taken into custody. He was booked into the Davis County Correctional Facility, but his name did not appear on the inmate roster on Thursday. A protective order was filed by Farmington 2nd District Court on Tuesday against Despain.
Despain was charged with custodial interference, a misdemeanor.
