Goldmans2David Goldman with his son, Sean, who was taken to Brazil by his late wife four years ago and never returned.

A Brazilian federal appeals court has ruled that David Goldman of Tinton Falls should have custody of his son, Sean, who has been living in Brazil for five years, the Associated Press reports.

The court agreed, in a 3-0 vote, the boy belongs in New Jersey under an international treaty governing cross-border child abductions. U.S. Rep. Chris Smith tells the news service the court ruled that Sean Goldman should be handed over to his father at a U.S. Embassy on Friday.

But MSNBC reports that the family now in custody of the boy immediately filed an appeal and a stay is possible.