( CNN ) -- 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 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 Ribeiro , took Sean from the family 's New Jersey home for what was to have been a two-week vacation in her native Brazil . But instead of returning , she divorced Goldman , married a Brazilian lawyer , and remained in Brazil with the boy . She died there last September giving birth to a daughter . In Rio , Sean attends a private school and lives in a sprawling home with his half-sister and his stepfather . In March , a spokesman for the boy 's Brazilian relatives said he did not dispute the father 's biological rights , but said other matters needed to be weighed . `` The fact of the matter is that , in order to be a parent , you have to be more than a DNA donor , '' said Helvecio Ribeiro . `` Fatherhood is not about making home movies and taking pictures . It 's about sacrifice ; it 's about providing support for your child ; it 's about being there even when you are not there . '' He said Goldman had failed to do that and accused him of having `` paid not a dime of child support '' and made allegations `` all over the place about us not allowing him to visit the child that are completely untrue . '' Goldman responded , `` Can you take someone 's child to another country and then expect the parent to support you in the abduction of the child ? '' He said he had been making tireless efforts since his son was `` abducted '' to have him repatriated , `` never , ever stopping . '' The case has attracted attention from politicians . U.S. Secretary of State Hillary Clinton has discussed the matter with Brazil 's foreign minister . According to the U.S. State Department , some 66 American-born children have been taken by a parent to Brazil , in violation of international treaties . Journalist Helena DeMoura contributed to this story .
Brazil 's highest court says it does n't have jurisdiction in custody case of U.S.-born boy . David Goldman expresses new hope : `` There seemed to be a lot of good remarks '' Goldman 's wife took son Sean to Brazil in 2004 ; she filed for divorce , later died . Custody case has attracted attention of U.S. politicians , including Hillary Clinton .