BY STEPHANIE BARISH wpix.com

6:21 p.m. EST, December 17, 2009
RIO DE JANEIRO (WPIX)—
A Brazilian Supreme court judge delayed the return of a nine-year-old boy to his father in New Jersey.

The court ruled on Thursday that Sean Goldman must stay in Brazil while it considers a request that his own testimony be heard in the case.

David Goldman has been working tirelessly for the past five years to get his son returned to the United States. Bruna Bianchi, Goldman's ex-wife, took the child to her native Brazil in 2004 on what was supposed to be a two-week vacation.

She later remarried and died during child birth last year. Her Brazilian husband argued that he should have custody of Sean.

On Wednesday, a Brazilian federal court, in a closed session, ruled that Sean Goldman should be returned to his father, David, at a U.S. Embassy on Friday.

According to U.S. Rep. Chris Smith the court ruled 3-0 that the Tinton Falls man should have permanent custody of his son.

However, Thursday's ruling means Sean may remain in Brazil until Feb.1 following the justices' return from a recess.

Over the summer, the boy's Brazilian family said Sean met with a psychologist and stated he wanted to stay there. Sean told the psychologist that if he was sent back to live with his father in New Jersey, he will "break down totally," according to a transcript of the interview with the child.

Goldman also repeatedly said throughout the interview, "I want to stay here in Brazil." It's not clear if the psychologist was appointed by the courts or paid for by the child's step-family.

Over the summer, a lower court in Brazil had ruled that Sean be returned to the U.S. However, that decision was later put on hold by a Supreme Court justice based on a petition that argued removing Sean from his current family environment would hurt him.