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…