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5-Year-Old Utah Boy Found Safe After Father Took Him To Avoid Surgery; Father Arrested

5-Year-Old Utah Boy Found Safe After Father Took Him To Avoid Surgery; Father Arrested

Five-year-old James Despain was found safe and returned to his mother on Dec. 6 after being taken during a visitation on Dec. 2. His non-custodial father, Benjamin Despain, allegedly removed the child to avoid a scheduled adenoid-removal surgery on Dec. 4. Police issued a protective order and an endangered missing advisory while searching; Benjamin was arrested and faces custodial interference charges.

James Despain, a 5-year-old from Bountiful, Utah, has been found safe and reunited with his mother, Natalie Despain, the Bountiful City Police Department said. James was returned on Dec. 6 after being taken during a scheduled visitation on Dec. 2.

Officials say James' non-custodial father, Benjamin Despain, failed to return the child following the visitation. Natalie, who holds sole physical and legal custody, told local outlets she went to pick up her son three hours after the visit began but found neither James nor Benjamin at the home. She said Benjamin later emailed her saying he had taken James "away" to prevent a planned adenoid removal surgery scheduled for Dec. 4, and told reporters Benjamin "does not like anything medical" and believed the operation was unnecessary.

During the search, police obtained a protective order and issued an endangered missing advisory. Investigators worked closely with family members and followed every available lead until James was located and safely returned to his mother. The department emphasized that the child's safety was its top priority.

"We worked tirelessly, following every possible lead and working closely with family members to ensure the child's safe recovery," police said in a statement.

After James was reunited with his mother, Benjamin Despain was taken into custody and is being held at the Davis County Correctional Facility. Custodial interference charges are pending, according to police. Initial reporting on the case was carried by local affiliates KTVX and KSL and later reported by People.

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