With his son back in the U.S., David Goldman savored a moment that seemed to sum up his aspirations during the five-year battle for custody of his son, Sean.

David Goldman “Last night as we’re coming home, he said, ‘Where’s our home?’ ” Goldman said as he fought back tears last week. “Just to hear him say ‘our home’ … I waited five years for that.”

The turning point in David Goldman’s international battle to regain custody of his 9-year-old son, Sean, came Dec. 23 when Brazil’s Supreme Federal Court ruled that Goldman should be reunited with Sean after a five-year legal fight with the child’s Brazilian relatives.

Father and son landed in Florida on Christmas Eve, and when they arrived at their Tinton Falls home, neighbors had already decorated the house in anticipation of their triumphant return.

A poster raising awareness of David Goldman’s quest to be reunited with his abducted son was displayed during a candlelight vigil held at Riverside Garden Park in Red Bank on June 16, 2009, five years after Sean was taken to Brazil by his mother. “We got inside and he saw the tree and presents and our cat. He saw his room just the way he left it. Everything started coming back to him. That’s all I wanted,” Goldman said. “He was just so happy. The burden is finally off his shoulders.”

David Goldman and his attorney Patricia Apy held a press conference at her Red Bank office in The Galleria on Dec. 29.

Apy, of Paras, Apy and Reiss, announced that the attorney for Sean’s Brazilian stepfather said earlier that day that the relatives plan to take the case to their nation’s highest court to get Sean back to Brazil

“The filing is disturbing in that it seems to evidence a desire to continue the litigation rather than work collaboratively for Sean’s best interest,” Apy told a swarm of reporters from local, national and international media outlets.

Lawyers for the Brazilian relatives of Sean’s deceased mother say they will push forward with a request from his Brazilian grandmother to allow the boy to make his wishes known in court.

According to Apy, the request was initially denied, but the high court of that country has not issued a final ruling and it doesn’t convene until February.

A unanimous ruling by the Brazilian Federal Regional Tribunal paved the way for the prompt return of Sean to his father’s custody on Dec. 24 at the U.S. Consulate in Rio de Janeiro, explained Rep. Chris Smith (R-4th District), who played a major role in bringing Sean home.

Smith, a member of Congress since 1981 and a senior member of the House Foreign Affairs Committee, was in Brazil with Goldman awaiting the ruling.

“It’s amazing that he came home on Christmas. It’s a miracle,” Goldman said.

“What a relief,” Smith said last week. “What a joy to be talking about this exchange from the abductor to his one and only father. David epitomizes what lengths a parent will go to for their son or daughter.”

“My assistance is offered in any way to Congressman Smith. He is a hero. He missed his own Christmas,” Goldman said.

Goldman has been seeking custody of his son, who was taken to Brazil in 2004 by his mother. She remarried and later died in childbirth in 2008.

“I just can’t understand why this happened, why it took so long,” Goldman said at the press conference.

Goldman described his son’s happiness and excitement at being back home. “He ran upstairs and saw the bite marks he used to make on the banister when he was little. He’s playing with his cousin now, and despite the cold weather, he asked if we could go fishing,” Goldman said.

The duo has been spending time together playing Wii video games, drinking hot chocolate and, Goldman said, staying up until midnight.

“He’s happy. The weight and pressure are finally off him. He’s safe and sound and has been resting peacefully.”

When asked his feelings about the fact that his son does not refer to him as “Dad,” Goldman said Sean did during a visit to Brazil last February. He said, “It hurts, but he’s home.”

“If he doesn’t call me Dad for a period of time, I can live with that because I can live with him,” Goldman told reporters.

Goldman has had little contact with his son’s Brazilian relatives.

“The family cut me off. They slam the phone on me. Collectively for Sean’s best interest, they should be a part of his life, but they should be treated as grandparents. It just can’t be a constant battle,” Goldman said.

Goldman expressed concern over what his son had heard about him for the last five years.

“I asked his grandmother to tell him that I was a good father and that I will be,” he said. “I don’t know what they’ve told him. He needed to feel loved.”

Sean has been in contact with his maternal grandmother both through phone calls and text messages.

Goldman said Sean hasn’t spoken of his deceased mother.

“It’s in there somewhere. I’ll give him all the love, hope and understanding when it does come out,” Goldman said.

As far as Sean’s transition is concerned, Goldman said, “My focus is on the love I have for my son.”

Sean’s mother, Bruna Bianchi Carnerio Ribeiro, returned to Brazil in 2004 with her son for what she told Goldman would be a two-week vacation.

When she landed in Brazil, Goldman said she called to tell him their marriage was over and that if he ever wanted to see his son again, he would sign his custody over to her. Goldman refused.

Although still legally married in the U.S., Bruna then obtained a divorce in Brazil without Goldman’s knowledge.

She became pregnant and married João Paulo Lins e Silva, an attorney in Brazil.

For the first two years Sean spent in Brazil, Goldman said he attended an English school. He speaks English and Portuguese and will now attend public school.

Sean will see mental health professionals to aid in his transition to life back in America. He will also be academically evaluated to see what grade level he places into and will have tutors if necessary.

Goldman said he’ll do “whatever’s best for my boy” to help Sean adjust.

“It was difficult just now to come here and leave him

at his aunt’s. I want him to be a regular boy. My dream is for him to be happy,” Goldman said at the press conference.

Apy explained that Sean’s abduction does carry federal and state criminal charges.

“It’s up to the U.S. attorney general to focus on the criminal charges. The U.S. Department of Justice won’t consult us to hold their [Brazilian relatives] passports or anything of the sort,” Apy said.

Apy conservatively estimated that the legal bills related to Goldman’s case amount to $400,000 to $500,000.

“Part of the reason for legal reform is that no one can litigate with this kind of cost. People go bankrupt and some lose their houses. It’s not something most parents can do. The cost associated with international travel alone is so high,” said Apy.

Smith has introduced a bill that urges all countries that are part of the Hague Convention to fulfill their obligation to return abducted children to the U.S.

Additionally, the bill would give the president and State Department the power to punish noncompliant countries with sanctions.

“Smith’s bill means real support from the U.S. on the parent’s behalf. It’s heartbreaking to see the financial ruin. It completely drains the parents,” Apy continued.

“How do you quit on your child? You can’t ever give up. You beg, borrow and steal,” stated Goldman.

When asked how he managed to stay financially afloat, Goldman replied, “I’m not a rich guy. I made enough to save and keep our house.”

Goldman said time is the answer in regard to how he’ll pay for the legal fees.

“It’s not my first priority,” he added. Apy cited several ongoing international custody battles similar to Goldman’s case and urged the media to cover Smith’s efforts. According to Apy, more than 65 American children are still being held in Brazil alone.

“When this is done, they’ll still need coverage,” she said.

“The media is like a fourth branch of government. It’s done a tremendous job in shining a light on our case and it enabled us to get Sean back home. If it wasn’t for the media, we wouldn’t be here,” Goldman said.

However, while he doesn’t mind the media’s attention, he expressed concern for his son’s well-being.

“It was awful for him to get dragged through the crowd. He’s afraid of the cameras. Children want to live in the now and not think about all the turmoil,” Goldman said. “He’s an old soul for a 9-year-old. Let him be a child.”