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“The safety of the child was our top priority”: Missing 5-year-old boy is found safe, father is taken into custody

David Williams December 15, 2025
Benjamin Despain

(Utah Department of Public Safety)

Authorities in Utah confirmed that an endangered missing 5-year-old boy who was believed to be with his noncustodial father has been found safe, bringing relief to his family and the wider community after days of uncertainty.

The Bountiful Police Department announced Saturday that the child had been located and that his father, Benjamin Despain, was taken into custody. According to police, Despain was booked into the Davis County Correctional Facility on Dec. 6, 2025, and is expected to face charges connected to custodial interference.

“Benjamin Despain was taken into custody and booked into the Davis County Correctional Facility on Dec. 6, 2025,” police said. “Charges related to custodial interference are pending.” Police emphasized that ensuring the child’s well-being guided every step of the investigation.

“We are grateful for the swift response from our officers, investigators, partner agencies, and the public,” police said. “The safety of the child was our top priority, and we appreciate everyone who assisted in bringing this case to a positive conclusion.”

The case began earlier in the week when the boy’s mother reported him missing. She told KSL TV that she had not seen her son since Tuesday, Dec. 2. According to her account, Despain, her ex-husband, picked up their son around 5:30 p.m. that evening for a scheduled visitation at her Bountiful home.

missing James Despain
Search teams across Utah and surrounding states are mobilizing after Bountiful Police issued an Endangered Missing Advisory for 5-year-old James Despain. (Photo by Utah DPS/Bountiful Police Department

The mother has sole physical and legal custody of the child, with Despain allowed a weekly three-hour visitation. When the agreed-upon time ended, the mother went to Despain’s home in Murray at approximately 8:30 p.m. to pick up her son. Neither Despain nor the boy was there.

Shortly afterward, she received an email from Despain that heightened her fears. In the message, he reportedly said he was taking their son “away” to prevent him from undergoing surgery and claimed he would contact her again on Friday or Saturday.

The child had been scheduled to undergo adenoid surgery on Thursday. His mother said Despain opposed the procedure, explaining that he “does not like anything medical” and believed the surgery was unnecessary.

As the search intensified, the boy’s mother told authorities she believed Despain had likely taken the child out of state. She said Despain had recently expressed interest in visiting Latter-day Saint church history sites in the eastern United States and could have been traveling in that direction. Police confirmed they investigated this possibility.

Bountiful Police Lt. Andrew Smith said law enforcement agencies in Idaho and Montana, where Despain has family connections, were contacted and asked to assist in the search. Despite those efforts, officers did not initially locate the pair in either state.

Smith added that investigators were unable to confirm whether Despain and the child had left Utah. Police also had not yet developed leads through license plate reader cameras, which are sometimes used to track vehicle movement across regions.

Throughout the ordeal, the boy’s mother expressed concern about Despain’s mental state. However, police said there was no evidence to suggest the child was in immediate danger or had suffered physical harm. Lt. Smith noted that this assessment was a key reason an Amber Alert was not issued in the case.

On Wednesday, an ex parte protective order was issued against Despain. Police said they were unable to serve the order at the time because they had not yet located him.

With the child now safe and Despain in custody, authorities say the focus will shift to the legal process and ensuring the child’s continued well-being. Police have not released additional details about where the boy was found or the circumstances leading to Despain’s arrest, but they stressed that the outcome reflects coordinated efforts among law enforcement agencies and the public.

For the boy’s family, the resolution brings relief after days of fear and unanswered questions, underscoring the importance of swift reporting and community cooperation in missing child cases.

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