A Utah man who did not have custody of his 5-year-old son was charged with custodial interference after he allegedly took his son away to keep him from having routine surgery.

James Despain, 5, was found safe on Dec. 6, two days after his mother reported him missing after a scheduled visitation with his father, 45-year-old Benjamin Despain. The Bountiful Police Department said in a press release that Despain did not have custody of his son and did not return the boy to his mother after their visit. According to court documents obtained by local NBC affiliate KSL, Despain sent an email to James' mother to tell her that he allegedly took their son "away" to keep him from having surgery.

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