based on a conservative party 's petition that said the boy 's removal from Brazil would cause him psychological harm . But the father responded that his son was suffering psychological harm simply by remaining with his Brazilian relatives , whom Goldman -- a part-time model who captains boats -- accused of turning Sean against him . The case now goes to the Federal Appeals Court in Rio de Janeiro and does not mean the boy will return to his father without further rulings . Goldman said that he and his lawyers would have to study the high court decision , but he expressed optimism about what he had learned . `` There seemed to be a lot of good remarks that they want to honor the Hague Convention ; they believe in the Hague Convention and they want to return children . Hopefully , they sent that message to the lower federal courts , and they 'll hear that message . '' Watch CNN 's Campbell Brown talk with Goldman before latest ruling '' He said , `` It 's not over . '' The incident began in June 2004 , when Goldman 's then-wife , Bruna Bianchi Carneiro
-LRB- CNN -RRB- -- Brazil 's highest court said Wednesday it does not have jurisdiction over who should have custody of a U.S.-born 9-year-old boy -- his Brazilian stepfather or his father in the United States . David Goldman is seeking custody of his son , Sean , who is living with relatives of his deceased mother in Brazil . The high court 's ruling sends the ongoing case back to an appeals court in Rio de Janeiro . In the unanimous vote , Brazil 's Supreme Federal Court said it could not rule over The Hague Convention on the Civil Aspects of International Child Abduction , of which Brazil is a signatory . Brazil is undergoing constitutional reforms and has recently voted on a law that would make all international human rights conventions part of its constitution . Last week , Judge Marco Aurelio , who sits on the Supreme Federal Court , suspended a lower court ruling that custody of Sean Richard Goldman be turned over to the U.S. consulate , which was to have then handed him over to the boy 's father , David Goldman , who is a U.S. citizen . Aurelio 's decision was