Bountiful, Utah – A Utah man has been charged with custodial interference after police say he took his 5-year-old son during a scheduled visitation and refused to return him, allegedly to prevent the child from undergoing a routine medical procedure.
According to the Bountiful Police Department, Benjamin Despain, 45, did not have legal custody of his son, James Despain, 5, but was allowed a visitation with the child in early December. When the visit ended, authorities say Despain failed to return James to his mother, prompting a missing child report and a multi-day search.
Child Reported Missing After Missed Return From Visitation
Court documents and police statements indicate that James was reported missing on December 4, two days after his mother went to pick him up from his father’s home and found neither of them there. The child’s mother, publicly identified by her first name Natalie, told investigators she attempted to retrieve James following a scheduled visit on December 2.
When Natalie arrived at Despain’s residence, she says the home was empty. Shortly afterward, she received an email from Despain stating that he had taken James “away” and would contact her again later in the week.
Police confirmed that Despain did not have custodial rights and was legally required to return the child after the visitation period ended.
Surgery Dispute Allegedly Motivated Father’s Actions
According to court filings, Despain allegedly told James’ mother that he took the child to prevent him from undergoing a medical procedure. Natalie told authorities that James was scheduled to have his adenoids removed on December 4, a procedure doctors had recommended.
Adenoid removal is widely considered a routine and common surgery for children, often performed to address breathing issues, recurrent infections, or sleep problems. Natalie told investigators that Despain opposed the surgery and believed it was unnecessary.
She stated that Despain “does not like anything medical” and had expressed strong objections to the procedure prior to the child’s disappearance.
Mother Raises Safety Concerns
In interviews given before James was located, Natalie expressed deep concern for her son’s safety. She told authorities that Despain has a history of domestic violence and mental health issues, which heightened her fears during the search.
Natalie said she believed Despain may have taken James out of state, possibly to Idaho or Montana, making the situation more urgent for law enforcement.
Police did not publicly disclose where James was found or how authorities ultimately located him, citing the ongoing legal process.
Child Found Safe, Father Taken Into Custody
On December 6, the Bountiful Police Department announced that James was found safe and reunited with his mother. Police confirmed that Benjamin Despain was taken into custody the same day.
Despain was booked into the Davis County Correctional Facility, though his name was not listed on the public inmate roster later in the week. Authorities did not immediately release details regarding bond status or court appearance dates.
A protective order was filed by the Farmington 2nd District Court against Despain shortly after his arrest, according to court records.
Criminal Charge Filed
Prosecutors have charged Despain with custodial interference, a misdemeanor offense under Utah law. The charge applies when a person without legal custody intentionally withholds or conceals a child from the lawful custodian.
While the charge is classified as a misdemeanor, legal experts note that custodial interference cases are taken seriously by courts, particularly when a child’s health or safety is involved.
Broader Concerns About Medical Decision Disputes
The case highlights ongoing legal and ethical issues that can arise when parents disagree over medical care for a child. In custody arrangements, courts typically grant medical decision-making authority to the custodial parent, especially when a procedure is supported by licensed physicians.
Law enforcement officials emphasized that personal beliefs about medical treatment do not override custody orders or court-approved care plans.
Investigation Ongoing
Authorities have not released additional details about where James was located or whether further charges could be considered. The case remains under review as it proceeds through the court system.
Police officials reiterated that James is safe and receiving appropriate care.
Anyone with experiences involving custody disputes, parental medical disagreements, or concerns about child safety is encouraged to share their thoughts in the comments below.
