Dec. 23, 2009 -- A Brazilian court today took another step toward returning nine-year-old Sean Goldman to the arms of his father, David. The court ordered that Sean be reunited with David Goldman by 9 a.m., 6 a.m. EST, Thursday in Rio de Janeiro.
The boy's Brazilian family decided to give up its fight for custody of Sean and will not appeal the court's decision the family's lawyer, Sergio Tostes, confirmed in an e-mail, bringing a five-year custody battle to an end.
Sean's maternal grandmother, Silvana Bianchi, told ABC News that her grandson does not want to leave Brazil.
"He said he is very sad because he does not want to, and he is very sad because he had, he has the right to speak and to explain himself, but the judge here cut his right," Bianchi said.
The grandmother said she continued to fight for custody of Sean because he wanted to stay in Brazil.
"He wanted to stay with us. Now I want…him to be happy… And if he goes to United States and stay… the best thing for him will be (to) stay there," Bianchi said.
Rep. Chris Smith, R-N.J., who is traveling with Goldman, said the ruling was welcome news. David Goldman has spent more than a week in Brazil in hope of bringing his son back to New Jersey.
"David and his team are encouraged that the nightmare is coming to an end," Smith told the AP. "No more delays. It's time to do this."
Yesterday the Brazilian Supreme Court ruled that the boy "be handed over to his father and should be returned to the United States."
Smith said Goldman was "elated" when he heard the court's decision yesterday.
"A big smile came to his face, but he said, 'I'm not going to let my guard down until it's wheels up," Smith told the AP yesterday.
The boy went to Brazil with his mother when he was 4, but the mother never returned to the U.S. She divorced Goldman and remarried, but died giving birth to a daughter she had with her second husband.
The mother's family assumed custody of Sean and has fought Goldman's claims for custody for the past five years.
Yesterday's Supreme Court ruling came as Silvana Bianchi, the Brazilian grandmother of Sean Goldman, wrote a passionate letter to the president of Brazil, pleading with him to intervene and prevent the boy from being taken away just before Christmas.
"Our moral foundation values the mother's role. In the absence of the mother, the raising should be done by the grandmothers. This is custom in Brazil from north to south," she wrote, calling the custom "authentically Brazilian."
David Goldman Versus Grandmother
Bianchi claimed in her letter that she has become the "target of an international campaign of unbelievable proportions. American authorities give public declarations saying I am a kidnapper," she wrote.
The grandmother said all the legal arguments did not take into consideration what the boy wants.
"Mr. President, this is not a cry of a grandmother in agony. This is the clamor of a Brazilian fighting with all of the strength that she has left so the justice of this country would apply the laws with humanity," she said.
Bianchi said sending Sean to New Jersey would tear him away from the family he has lived with for the past five years, and from his three-year-old sister, Chiara. "To do this, especially on Christmas Eve, is inhumane," she said.
The grandmother's letter isn't the first time the case has been brought up to the Brazilian president. It was raised during talks between him and President Obama. In addition, last week New Jersey Sen. Frank Lautenberg blocked the renewal of a $2.75 billion trade deal that would lift tariffs on some Brazilian exports. But the hold was lifted and the bill passed after Tuesday's ruling by the Brazilian Supreme Court, the AP reported.
Christine Brouwer, Kate McCarthy and The Associated Press contributed to this report.