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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been ordered to pay an advance toward services of GAL

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I have been ordered to pay an advance toward services of GAL in a divorce case which does not have jurisdiction over the children because there is another case in Family Services which has precedence. Previously, the judge appointed GAL, we paid for her services, and then it was discovered that GAL had no jurisdiction and she was dismissed. Many months passed, and the judge is doing the same thing. I think she simply forgot that she doesn't have jurisdiction, and that all I need to do is make this point clear. However, I no longer have an attorney (cannot afford) and do not know how to object to the court order to pay for GAL. Can I simply write a pro se objection to the order, explaining these details?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has anything been filed or reported?
Customer: No, the order just arrived from the judge. Both the petitioner and respondent agree that this order should be dropped, but nothing has been done yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. However, I'm not able to find how much this service will cost, can you point me to where I can find details?
JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).
Customer: ok thank you

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The answer is yes. If there is such an order, one has several options:

1) File an appeal to the interlocutory court; or

2) What is more practical, to file a Motion for Reconsideration, and ask the Court to "reconsider" the order based on the jurisdictional and other arguments.

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Customer: replied 2 months ago.
What is the interlocutory court?
Customer: replied 2 months ago.
Nevermind, I found it: https://en.wikipedia.org/wiki/Interlocutory

Oops, you beat me to it. But still, it is an appeals court.

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Customer: replied 2 months ago.
Oh I guessed interlocutory court was "the court that created the order" but now are you saying there is another court which handles such an appeal? Anyway, you said the Motion to Reconsider is more practical, so I think I will opt for that.

Yes, it is.

Technically, the trial court's order may be appealed to the appellate (interlocutory) court, and then even to the state supreme court.

But the reconsideration motion is more practical.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 2 months ago.
Ok, reading further in the Wiki article, it says "In many U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases." So it looks like the Motion is likely the only way to go. Thank you.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Customer: replied 2 months ago.
I'm Googling the option of Motion to Reconsider and find nothing in Rules of Civil Proceedings or Supreme Court Rules that mentions Motion to Reconsider, but I did find this one example: http://www.plf.net/msct81426/recon.htm. Hence, I'm not clear on how such motions work. The Order came out of an existing Motion. Is this correct, to file a Motion to Reconsider for an Order which is itself part of a Motion?

The (proposed) order is a separate pleading, aside from the motion, filed ALONG SIDE with the motion.

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Customer: replied 2 months ago.
Still not clear, sorry. The order itself is not _proposed_, it has already been issued and I must pay. What I want to do is respond to the order. You said motion to reconsider is the way to go. However, in thinking about how to write the motion, I assumed that the order is an action within a motion which is already underway. So filing a new motion seems odd to me, as if it's starting a whole new email chain, instead of responding to an existing chain (for an analogy). I apologize for not understanding, but I need to make sure I'm not making mistakes on this when I file.I'm assuming that these things are nested like this:
Divorce Case
....Motion to Modify
......Order For GAL
..........Motion to Reconsiderbut you may be saying that it works like this:Divorce Case
....Motion to Modify
....Order for GAL
....Motion to ReconsiderIn short, what is being reconsidered, the motion, the order, the case itself?

Ah, I misunderstood the question.

The motion for reconsideration would be filed as a new motion, which asks the court to reconsider the decision of a prior order. By the verbiage in the reconsideration motion, the Court should know which order is being challenged.

It is a new motion in the lawsuit, and not a "sub motion" within the original motion/order, or anything else.

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Ely and 2 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Great, thanks for this clarification.

No problem. Good luck!