Missing Boy, 5, Is Found Safe After Father Said He Was Taking Him 'Away' to Prevent Surgery — and Dad Is Arrested By Nicole Acosta 14

A 5-year-old Utah boy who was reported missing and believed to be with his non-custodial father has been found safe, and the father now faces criminal charges, officials said.

On Saturday, Dec. 6, the Bountiful City Police Department announced the safe return of 5-year-old James Despain, who was suspected to be in danger after his non-custodial father, Benjamin Despain, failed to return him following a scheduled visitation.

The boy’s mother, Natalie, said she went to pick up her son three hours after Benjamin had taken him for visitation on Tuesday, Dec. 2, but the pair were not at home, ABC affiliate KTVX and NBC affiliate KSL previously reported.

Natalie, who has sole physical and legal custody of their son, claimed Benjamin later sent her an email saying that he had taken James “away” so he wouldn’t have to have adenoid removal surgery scheduled for Dec. 4, per the reports. She told KSL that Benjamin “does not like anything medical,” and believed his son’s surgery is not needed.

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According to police, a protective order and an endangered missing advisory were issued before the boy was reunited with his mother on Saturday.

Police said investigators “worked tirelessly, following every possible lead and working closely with family members to ensure the child’s safe recovery.”

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Benjamin was subsequently taken into custody, and custodial interference charges are pending, per police. He’s being held in 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,” police said.