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

Authorities located the boy, James Despain, safe on December 6, two days after he was reported missing by his mother following a scheduled visit with his father, 45-year-old Benjamin Despain. According to a statement from the Bountiful Police Department, Benjamin Despain failed to return the child to his mother post-visit. Local NBC affiliate KSL revealed court documents indicating that Despain had emailed James’ mother, claiming he took their son to prevent the planned surgery.

The boy’s mother, publicly identified as Natalie, recounted to KSL that she went to pick up her son on December 2 after his time with Despain, only to find them missing. Shortly thereafter, she received an email from Despain stating he had taken James “away” and that he would contact her later in the week.

Natalie explained to KSL that James was slated to have his adenoids removed on December 4. While adenoid removal is considered a standard procedure for children, Natalie mentioned that Despain is skeptical of medical interventions and deemed the surgery unnecessary.

Natalie told KSL that James was scheduled to have his adenoids removed on Dec. 4. Adenoid removal is a routine surgical procedure for children, but according to Natalie, Despain “does not like anything medical” and did not believe the surgery was necessary.

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.