Background: Farmington (Utah) 2nd District Court (Google Maps). Inset: Benjamin Despain (Utah Department of Public Safety).

The Bountiful Police Department confirmed that Benjamin Despain did not have legal custody of his son and failed to return him after the visit. Authorities located James safely on December 6th, two days following his mother’s report of his disappearance. According to court documents accessed by NBC affiliate KSL, Benjamin Despain had emailed Natalie, claiming he took their son to avoid the upcoming surgery.

Natalie recounted to KSL that she went to pick up James from his father’s house after their visit on December 2nd, only to find them missing. She soon received an email from Benjamin stating he had taken James “away” and would contact her later in the week.

The scheduled procedure involved removing James’s adenoids, a common surgery for children. However, Natalie explained that Benjamin, who is averse to medical interventions, opposed the procedure, believing it was unnecessary.

Prior to James being found, Natalie expressed her concerns to ABC affiliate KTVX about Benjamin’s past, which reportedly includes domestic violence and mental health issues. She feared he might have taken James to either Idaho or Montana, given his history and current mental state.

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.